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Germany: Non-Biological Father Who Agrees to Artificial Insemination Is Liable for Child Support

(Nov. 6, 2015) On September 23, 2015, the German Federal Court of Justice (Bundesgerichtshof, BGH) held that a man who agreed to the artificial insemination of his girlfriend with another man’s donor sperm will be contractually liable for child support even though he was not married to the mother of the child and did not […]

India: Draft Legislation Regulating Assisted Reproductive Technology Published

(Nov. 2, 2015) On September 30, 2015, India’s Ministry of Health and Family Welfare, through its Department of Health Research, published for public and stakeholder comments draft legislation regulating assisted reproductive technology (ART). (Sushmi Dey, Foreigners May Be Barred from Commissioning Surrogacy in India, TIMES OF INDIA (Oct. 16, 2015).) According to the Director of […]

Iceland: Legalization of Surrogacy Proposed

(Oct. 26, 2015) On October 13, 2015, Iceland’s Health Minister, Kristján Þór Júlíusson, announced a proposal to legalize surrogacy in Iceland. (Proposal to Legalise Surrogacy in Iceland, MBL.IS (Oct. 14, 2015).) The proposed law would permit only altruistic surrogacy agreements, not commercial ones. It would allow both men and women to solicit a surrogate to carry their child. […]

Holy See: Amendments to Latin Code of Canon Law on Nullity of Marriage

(Oct. 22, 2015) On September 8, 2015, Pope Francis issued two Apostolic Letters, motu proprio (on his own initiative), in matters concerning Catholic marriage, which will enter into effect on December 8, 2015. The Pontifical Council for Interpretation of Legislative Texts performed the legislative work. (Pontifical Council for the Interpretation of Legislative Texts, The Vatican […]

European Court of Human Rights: Decision on Gay Marriage in Italy

(Sept. 14, 2015) On July 21, 2015, the European Court of Human Rights (ECHR) issued a landmark judgment concerning homosexuals and their right to marry in Italy. In the case of Oliari and Others v. Italy, the ECHR found in favor of six male applicants who were in committed, stable relationships with other men, but […]

Uganda: Court Declares Refund of Bride-Price Under Customary Law Unconstitutional

(Aug. 12, 2015) Eight years after it began, a legal battle challenging the constitutionality of a customary practice of refunding the bride-price at the dissolution of customary marriages ended with Uganda’s Supreme Court, the highest court of the land, declaring the practice unconstitutional. (Uganda Bride Price Refund Outlawed by Top Judges, BBC NEWS (Aug. 6, […]

Germany: Federal Constitutional Court Declares Child Care Allowance Act Unconstitutional

(July 27, 2015) On July 21, 2015, the German Federal Constitutional Court (Bundesverfassungsgericht, BVerfG) ruled that the Deutscher Bundestag (German Parliament) lacked the legislative power to enact provisions on the care allowance (Betreuungsgeld), which provides money to stay-at-home parents. (BVerfG, 1 BvF 2/13, July 21, 2015 (in German).) The provisions of the Federal Act on […]

China: New Measures on Foster Families

(Dec. 12, 2014) On September 24, 2014, China’s Ministry of Civil Affairs promulgated new measures on foster care, which took effect on December 1, 2014. They replace temporary measures that have been applied since 2004. (Jiating jiyang guanli banfa [Measures for the Management of Family Fosterage] (adopted on Sept. 14, 2014), Ministry of Civil Affairs […]

Japan: Support for Raising Children of the Next Generation

(June 24, 2014) Because of the country’s low birthrate and problems arising from a shrinking population, since 1994 the Government of Japan has implemented measures to boost the birthrate. One set of measures is aimed at supporting child rearing. (Kuni no torikumi [Government Actions], Cabinet Office website (last visited June 24, 2014).) In 2003, the […]