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When a single man wants to be a father – revealing the invisible subjects in the law regulating fertility treatment

Krajewska, Atina and Cahill-O'callaghan, Rachel 2020. When a single man wants to be a father – revealing the invisible subjects in the law regulating fertility treatment. Social and Legal Studies 29 (1) , pp. 85-106. 10.1177/0964663919826352

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Abstract

This article takes the example of single men who wish to become single fathers, using surrogacy, as a case study to examine the nature of legal subjectivity and the process by which persons acquire social visibility through legal mechanisms. The article investigates the notion of the absent subjects in law and examines the ways in which single men have been rendered invisible in the area of assisted reproduction. It investigates the emergence of legal subjectivity through the acquisition of rights in the context of fertility treatment. In this respect, it analyses the recent jurisprudence of the English courts and the changes in the human rights law that helped construct single men as subjects of law. The article proposes the concept of (in)visibilisation for a number of reasons. It allows us to observe and examine the slow and contingent emergence of legal subjectivity in law. It illuminates ways, in which aspects of the critique of human rights as an inadequate vehicle of social inclusion can be overcome. In both respects, the concept of (in)visibilisation provides a diction, in which we can analyse legally relevant experiences, which have not yet crossed the threshold into the formal system of law.

Item Type: Article
Date Type: Publication
Status: Published
Schools: Law
Subjects: K Law > K Law (General)
Publisher: SAGE Publications (UK and US)
ISSN: 0964-6639
Funders: British Academy
Date of First Compliant Deposit: 9 January 2019
Date of Acceptance: 26 December 2018
Last Modified: 11 Mar 2020 09:21
URI: http://orca.cf.ac.uk/id/eprint/118198

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