Commentary on A and B (by C) v A (Health and Social Services Trust)

Duggan, Marian (2017) Commentary on A and B (by C) v A (Health and Social Services Trust). In: Enright, Máiréad and McCandless, Julie and O'Donoghue, Aoife, eds. Northern / Irish Feminist Judgments: Judges' Troubles and the Gendered Politics of Identity. Hart Publishing, London, UK, pp. 623-643. ISBN 978-1-5099-0893-6. (Access to this publication is currently restricted. You may be able to access a copy if URLs are provided)

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Abstract

The case in this chapter is a clinical negligence claim against a fertility clinic, which carelessly used the wrong donor sperm in a woman’s IVF treatment (A and B (by C, their mother and next friend) v A (Health and Social Services Trust) [2011] NICA 28). The consequences of this mistake were that the children born from the fertility treatment had different skin colour to the woman and her husband, as well as each other. The claim was from the children, as the clinic settled out-of-court with the parents. Marian Duggan’s commentary explains and problematizes the approach of the feminist judgment, as well as putting the broader identity issues signalled by the case in context while Julie McCandless’ subsequent feminist judgment deploys very different reasoning to the original court decisions, and in part reaches a different conclusion.

Item Type: Book section
Subjects: K Law
Divisions: Faculties > Social Sciences > School of Social Policy Sociology and Social Research
Faculties > Social Sciences > School of Social Policy Sociology and Social Research > Criminology
Depositing User: Marian Duggan
Date Deposited: 05 Nov 2017 19:24 UTC
Last Modified: 02 Aug 2018 10:50 UTC
Resource URI: https://kar.kent.ac.uk/id/eprint/64246 (The current URI for this page, for reference purposes)
Duggan, Marian: https://orcid.org/0000-0002-8153-7218
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