This article examines arguments concerning the right of an unwed biological father to consent to the adoption of his offspring, and to take custody of the child even against the mother's wishes. The understanding of gender-neutrality that supposedly supports many such arguments is false, and risks diminishing women's decision-making authority under the guise of sex equality. Laws governing unwed parent's rights must emphasize the centrality of parental responsibility in establishing parental rights.

: Virtually nonexistent in traditional American Indian communities, today American Indian women and children experience family violence at rates similar to those of the dominant culture. This article explores violence within American Indian communities as an expression of internalized oppression and as an extension of Euro-American violence against American Indian nations.

Virtually nonexistent in traditional American Indian communities, today American Indian women and children experience family violence at rates similar to those of the dominant culture. This article explores violence within American Indian communities as an expression of internalized oppression and as an extension of Euro-American violence against American Indian nations.

Using ethnographic data gathered at a mandated, community-based drug treatment program for women offenders, this article analyzes how gendered notions of the self and of autonomy shape penal governance. This study examines how psychological models of women's deviance, racialized visions of motherhood, and therapeutic techniques of the self come into tension with expectations of responsible, autonomous citizenship. The program prioritized therapeutic ways of governing its clients over those that emphasized economic self-reliance, rational decision making, and normalizing gender. This is because (...) staff attributed criminal and addictive behaviors to women's inadequate self-understanding and lack of emotional autonomy in personal relations. Staff discouraged women's motherhood and paid labor because they saw these external obligations as a threat to women's autonomous selfhood. This research complicates claims that contemporary forms of penal treatment manage offenders through rational incentives and personal responsibility by pointing to the ways that subject formation is a gendered process. (shrink)

This paper argues that cyborg perspectives offer real possibilities for the debate around enforced caesareans and the search for a language to encompass embodied maternal subjectivity. It is suggested, with reference to the fictional narrative of Star Trek, that cyborg figures have the power to disrupt the liberal subject and the body in legal discourse, not least because the plethora of cyborgs challenges simple conceptions of connections/disconnections between bodies. Feminist readings of case law relating to enforced caesarean sections have raised (...) questions about the notion of autonomy at the heart of liberal legalism, have argued that law is complicit with white male techno-medicine's approach to childbirth and focused upon the pregnant woman's lived experience of pregnancy. The recent Court of Appeal decision in St George's Healthcare N.H.S Trust v. S., Regina v. Collins and Others, ex parte S., where the pregnant woman's self-determination was upheld, provides a good opportunity to confront both the liberal story and the idea of connectedness between mother and unborn child. (shrink)

This article examines 17 substance-abusing women's perceptions of their mothering practices in the context of a residential substance-abuse treatment program for women with children and pregnant women. Using in-depth semistructured interviews and observations of treatment groups, the participants' cultural knowledge about mothering is explored. Although the women in this study described how their substance-abusing lifestyle had a negative impact on their children, they also detailed practices that illustrated that they felt capable as parents. The women were silent about how race, (...) gender, or class arrangements affected their lives; their stories, however, showed active avoidance and manipulation of the contemporary ideology of mothering. (shrink)

The harmful effects of alcohol use during pregnancy have been well documented. Fetal alcohol spectrum disorder is the collective term encompassing the various clinical diagnoses that can occur in a child who was exposed to alcohol prenatally. The affected child suffers a range of lifelong primary and secondary disabilities. There is no cure for FASD, but it is preventable if women do not drink during pregnancy. Should women be banned from, and/or punished for drinking during pregnancy for the sake of (...) preventing fetal harm? This article considers the appropriateness of criminalising drinking during pregnancy as a means of preventing fetal harm and consequently FASD in children, and concludes that criminal approaches are unjustified, potentially discriminatory and likely to be ineffective. (shrink)