Chapter

Unity, Divisions, and Strange Bedfellows: Divergent Legislative Responses to Surrogate Motherhood

Susan Markens

in Surrogate Motherhood and the Politics of Reproduction

Published by University of California Press

Published in print April 2007 | ISBN: 9780520252035
Published online March 2012 | e-ISBN: 9780520940970 | DOI: http://dx.doi.org/10.1525/california/9780520252035.003.0006
Unity, Divisions, and Strange Bedfellows: Divergent Legislative Responses to Surrogate Motherhood

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One of the most revolutionary changes in family law in the last quarter of the century was the implementation of no-fault divorce. In 1969, California became the first state in the country to embrace this approach and allow individuals to file for divorce on grounds of “irreconcilable differences” or “irretrievable breakdown”. New York adopted somewhat similar standards, but the new statute contains a requirement that the couple undergo one year of separation before similar divorce proceedings can begin, and it is not possible to dissolve the marriage by mutual consent. Unlike New York, California has a community property standard (meaning that except for girls, any property or assets either the husband or the wife acquires during marriage belong equally to the two parties and thus must be split equally upon divorce). Both aspects of divorce law indicate a different approach to family relations.

Keywords: divorce; separation; marriage

Chapter.  12156 words. 

Subjects: Gender and Sexuality

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