Marriage, Biology, and Federal Benefits
This Article approaches the topic of same-sex marriage from a novel perspective by scrutinizing the historical accuracy of primary defense proffered by same-sex marriage opponents – “responsible procreation.” In the context of challenges to Section 3 of DOMA, responsible procreation posits that the federal government’s historic purpose in extending marital benefits is to single out and specially support families with biologically-related children. Because same-sex couples cannot fulfill this long-standing purpose, it is permissible to deny them all federal marital rights and obligations. While advocates disagree about whether and to what extent DOMA furthers this alleged federal interest, to date, all sides have accepted this historical account.This Article is the first to interrogate the accuracy of this account. To do so, the Article examines two of the largest and most important federal benefits programs – Social Security benefits and benefits for active and retired members of the U.S. military. This analysis demonstrates that Congress has not and does not condition the receipt of federal family-based benefits on biological parent-child relationships. To the contrary, Congress long has implicitly and explicitly extended such benefits to families with children known to be biologically unrelated to one or both of their parents. This Article thus reveals that responsible procreation is based on myth, not history and tradition.
When Daddy Doesn't Want to Be Daddy Anymore: An Argument Against Paternity Fraud Claims
Paternity fraud is a growing phenomenon. Many men who have either been adjudicated fathers or who have voluntarily acknowledged their paternal legal status are now challenging the propriety of those legal determinations because genetic testing subsequently revealed their nonpaternity. Responding to growing concerns from men who no longer wish to pay child support for their nonbiological children, a growing number of states, by case or statute, permit men to disestablish paternity if they successfully offer scientific proof - i.e., DNA test results - that demonstrate a genetic impossibility of paternity. Advances in paternity testing causes us to re-examine the legal and policy justifications for redefining families. The structure of the American family has undergone dramatic change in recent years and the numbers of traditional nuclear families are in decline while single-parent families and stepfamilies are growing. In an era in which individuals and couples, heterosexual and homosexual, are embracing new reproductive technologies to create families, the biological connection often does not assist in establishing legal parentage for intended parents. Couples and individuals alike may contract with sperm donors, egg donors, and/or gestational surrogates to create families. As a result, reliance on biology as the sole means by which to determine legal parentage no longer makes sense. Functional parenthood - emphasizing the daily, routine, and even mundane aspects of everyday parenting - provides a more realistic approach to defining legal parentage, especially for nontraditional families. In addressing the issue of paternity fraud claims, this Article endeavors to reconcile two competing theoretical trends in family law: biology versus functionality. As discussed herein, many courts and scholars embrace functionality in the context of establishing parental relationships yet place emphasis on biology in disestablishing parental relationships. While the differences between seeking to establish a child-parent relationship and disestablishing such a relationship are noted and discussed, they are nonetheless synthesized to encourage one family law model, rather than two. This Article offers readers a fresh perspective not only regarding paternity fraud claims but modern family law generally, by seeking middle-ground between the legal foci of biology and functionality. My proposal for resolving paternity fraud claims involves a balancing between the competing interests of a legal, yet nonbiological father, and his child.
Clinical chemical values and variations in Rasa Aragonesa ewes and lambs
Reference values of biochemical parameters in serum of Rasa Aragonesa ewes and their physiological variations were determined. Total proteins were 53.0–80.0 g/l, glucose 2.17–5.13 mmol/l, cholesterol 0.83–2.31 mmol/l, total bilirubin 1.85–6.49 μmol/l, urea 3.15–10.39 mmol/l, GGT 36–93 U/l (37°C), ALAT 11–33 U/l (37°C) and ASAT 71–209 U/l (37°C). Ewes were divided into three groups: A, 1- and 2-year-old ewes; B, ewes 3 and 4 years old; C, older ewes. Age had significant influence (P<0.05) on ASAT only during pregnancy, with higher levels for younger ewes. Blood parameters in lambs were determined at 5–10 d of life (nursing), 25 to 30 d of life receiving their mother's milk and 80–90 g of feed; and 45 to 50 d of life, weaned, receiving only solid feed. Serum urea and ALAT tended to increase with age, whereas total protein, globulins, cholesterol and GGT decreased with age. These values are of practical importance in the diagnosis of diseases and metabolic disorders in Rasa Aragonesa ewes and lambs under field conditions.