Duggan, Marian and McCandless, Julie (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 978-1-84946-574-8. E-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) (KAR id:64246)
PDF
Publisher pdf
Language: English Restricted to Repository staff only |
|
Contact us about this Publication
|
|
Official URL: https://www.bloomsburyprofessional.com/uk/northern... |
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 |
---|---|
Uncontrolled keywords: | IVF, tort law, racism, Northern Ireland |
Subjects: | K Law |
Divisions: | Divisions > Division for the Study of Law, Society and Social Justice > School of Social Policy, Sociology and Social Research |
Depositing User: | Marian Duggan |
Date Deposited: | 05 Nov 2017 19:24 UTC |
Last Modified: | 16 Feb 2021 13:49 UTC |
Resource URI: | https://kar.kent.ac.uk/id/eprint/64246 (The current URI for this page, for reference purposes) |
- Export to:
- RefWorks
- EPrints3 XML
- BibTeX
- CSV
- Depositors only (login required):