Jenni Millbank

University of Technology, Sydney, Faculty of Law

Professor of Law

Australia

SCHOLARLY PAPERS

51

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9,358

SSRN CITATIONS
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Top 12,167

in Total Papers Citations

14

CROSSREF CITATIONS

64

Scholarly Papers (51)

1.

From Discretion to Disbelief: Recent Trends in Refugee Determinations on the Basis of Sexual Orientation in Australia and the United Kingdom

International Journal of Human Rights, Vol. 13, No. 2/3, 2009
Number of pages: 22 Posted: 22 Jan 2009 Last Revised: 06 Aug 2013
Jenni Millbank
University of Technology, Sydney, Faculty of Law
Downloads 825 (29,566)

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refugee law, asylum, particular social group, sexual orientation, sexuality, gay, lesbian, credibility, discretion

2.

The Role of 'Functional Family' in Same-Sex Family Recognition Trends

Child and Family Law Quarterly, Vol. 20, No. 2, 2008
Number of pages: 28 Posted: 06 May 2008 Last Revised: 06 Aug 2013
Jenni Millbank
University of Technology, Sydney, Faculty of Law
Downloads 695 (37,379)

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functional family, same-sex relationships, law reform, lesbian parents, gay parents, civil unions, same-sex families

3.

De Facto Relationships, Same-Sex and Surrogate Parents: Exploring the Scope and Effects of the 2008 Federal Relationship Reforms

Australian Journal of Family Law, Vol. 23, No. 3, 2009
Number of pages: 42 Posted: 04 Oct 2009
Jenni Millbank
University of Technology, Sydney, Faculty of Law
Downloads 595 (45,952)

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Forced Marriage as a Harm in Domestic and International Law

Modern Law Review, Vol. 73, pp. 57-88, 2010
Number of pages: 43 Posted: 05 Mar 2010
Catherine Dauvergne and Jenni Millbank
University of British Columbia - Faculty of Law and University of Technology, Sydney, Faculty of Law
Downloads 533 (52,209)

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forced marriage, human rights, refugee law, persecution, gender, sexuality

Forced Marriage as a Harm in Domestic and International Law

Modern Law Review, Vol. 73, Issue 1, pp. 57-88, January 2010
Number of pages: 32 Posted: 11 Jan 2010
Catherine Dauvergne and Jenni Millbank
University of British Columbia - Faculty of Law and University of Technology, Sydney, Faculty of Law
Downloads 3 (678,714)
Citation 1
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5.

Burdened by Proof: How the Australian Refugee Review Tribunal Has Failed Lesbian and Gay Asylum Seekers

Federal Law Review, Vol. 31, pp. 299-342, 2003
Number of pages: 44 Posted: 18 Apr 2005
Catherine Dauvergne and Jenni Millbank
University of British Columbia - Faculty of Law and University of Technology, Sydney, Faculty of Law
Downloads 409 (73,342)
Citation 1

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refugee law, lesbians, gay men, homosexuals, evidence, human rights, administrative decision-making

6.

Resolving the Dilemma of Legal Parentage for Australians Engaged in International Surrogacy

(2013) 27(2) Australian Journal of Family Law
Number of pages: 36 Posted: 21 Aug 2013
Jenni Millbank
University of Technology, Sydney, Faculty of Law
Downloads 381 (79,469)

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surrogacy, assisted reproduction, legal parentage, international surrogacy

7.

From Here to Maternity: A Review of the Research on Lesbian and Gay Families

Australian Journal of Social Issues Australian Journal of Social Issues, Vol. 38, No. 4, pp. 541-600, November 2003
Number of pages: 60 Posted: 24 Feb 2005
Jenni Millbank
University of Technology, Sydney, Faculty of Law
Downloads 361 (84,687)

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Lesbian mothers, gay fathers, same-sex families, relationship recognition, homosexual parents

8.

Gender in Refugee Law: From the Margins to the Centre

in E. Arbel, C. Dauvergne, and J. Millbank eds, Gender in Refugee Law: From the Margins to the Centre (Routledge, 2014) 1-16, Criminal Justice, Borders and Citizenship Research Paper No. 2425856
Number of pages: 19 Posted: 19 Apr 2014 Last Revised: 17 Aug 2015
Efrat Arbel, Catherine Dauvergne and Jenni Millbank
University of British Columbia (UBC), Faculty of Law, University of British Columbia - Faculty of Law and University of Technology, Sydney, Faculty of Law
Downloads 349 (88,070)

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refugee law; gender; gender identity; sexual orientation

9.

The Changing Meaning of 'De Facto' Relationships

Sydney Law School Research Paper No. 06/43, Current Family Law, Vol. 12, No. 82, 2006
Number of pages: 11 Posted: 20 Jun 2006
Jenni Millbank
University of Technology, Sydney, Faculty of Law
Downloads 333 (92,820)

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de facto relationships, unmarried couples, common law marriage

10.

'The Ring of Truth': A Case Study of Credibility Assessment in Particular Social Group Refugee Determinations

International Journal of Refugee Law, Vol. 21, No. 1, 2009
Number of pages: 37 Posted: 24 Nov 2008
Jenni Millbank
University of Technology, Sydney, Faculty of Law
Downloads 330 (93,742)
Citation 2

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refugee law, asylum, credibility, particular social group, fact finding, guidelines, sexual orientation

11.

Imagining Otherness: Refugee Claims on the Basis of Sexuality in Canada and Australia

Melbourne University Law Review, pp. 144-177, 2002
Number of pages: 34 Posted: 11 Mar 2005
Jenni Millbank
University of Technology, Sydney, Faculty of Law
Downloads 289 (108,401)

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Refugee law, sexual orientation, lesbians, gay men, homosexuality, particular social group, empathy

12.

Recognition of Lesbian and Gay Families in Australian Law - Part Two: Children

Federal Law Review, Vol. 34, No. 2, 2006
Number of pages: 55 Posted: 23 Aug 2006
Jenni Millbank
University of Technology, Sydney, Faculty of Law
Downloads 269 (116,881)

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lesbian families, gay families, lesbian mothers, gay fathers, same-sex families, assisted reproductive technology, adoption, surrogacy

13.

Constructing the Personal Narratives of Lesbian, Gay and Bisexual Asylum Claimants

Journal of Refugee Studies, Vol. 22, No. 1, 2009
Number of pages: 32 Posted: 08 Feb 2009
Jenni Millbank and Laurie Berg
University of Technology, Sydney, Faculty of Law and University of Technology Sydney, Faculty of Law
Downloads 266 (118,308)

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refugee narratives, sexual orientation, lesbian, gay, bisexual refugees, sexual identity, particular social group

14.

Forced Marriage and the Exoticization of Gendered Harms in United States Asylum Law

Columbia Journal of Gender and Law, Vol. 19, No. 3, 2011
Number of pages: 41 Posted: 10 Feb 2011
Jenni Millbank and Catherine Dauvergne
University of Technology, Sydney, Faculty of Law and University of British Columbia - Faculty of Law
Downloads 254 (124,178)

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refugee law, gender, sexual orientation, forced marriage, domesic violence, FGM

15.

Developing a Jurisprudence of Transgender Particular Social Group

'Developing a Jurisprudence of Transgender Particular Social Group' in Thomas Spijkerboer (ed) Fleeing Homophobia, Routledge 2013, pp121-153, UTS: Law Research Paper No. 2013/1
Number of pages: 41 Posted: 20 Aug 2013 Last Revised: 27 Jul 2014
Laurie Berg and Jenni Millbank
University of Technology Sydney, Faculty of Law and University of Technology, Sydney, Faculty of Law
Downloads 238 (132,575)

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refugee law, gender identity, gender related persecution, transgender, transsexual

16.

The Role of Rights in Asylum Claims Based on Sexual Orientation

Human Rights Law Review Human Rights Law Review, Vol. 4, pp. 193-228, 2004
Number of pages: 36 Posted: 24 Feb 2005
Jenni Millbank
University of Technology, Sydney, Faculty of Law
Downloads 235 (134,313)

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Sexual orientation, refugee law, refugee determinations, particular social group, lesbians, gay men, persecution, human rights

17.

A Preoccupation with Perversion: The British Response to Refugee Claims on the Basis of Sexual Orientation 1989-2003

Social and Legal Studies, Vol. 14, pp. 115-138, 2005
Number of pages: 35 Posted: 08 Mar 2005
Jenni Millbank
University of Technology, Sydney, Faculty of Law
Downloads 221 (142,516)

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Refugee law, homosexuality, privacy, wolfenden committee, particular social group, criminal law

18.

It's About this: Lesbians, Prison, Desire

Social and Legal Studies, Vol. 13, pp. 155-190, 2004
Number of pages: 36 Posted: 22 Jan 2020
Jenni Millbank
University of Technology, Sydney, Faculty of Law
Downloads 218 (144,435)

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Law and literature, popular culture, lesbian sexuality, representation, homonormative, criminality and representation

19.

Unlikely Fissures and Uneasy Resonances: Lesbian Co-Mothers, Surrogate Parenthood and Fathers' Rights

Feminist Legal Studies, Vol. 16, No. 2, 2008
Number of pages: 45 Posted: 10 Jul 2008
Jenni Millbank
University of Technology, Sydney, Faculty of Law
Downloads 194 (161,106)

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assisted reproductive technology, empathy, fathers' rights, lesbian mothers, non-genetic parenthood, surrogacy

20.

Recognition of Lesbian and Gay Families in Australian Law - Part One: Couples

Number of pages: 44 Posted: 20 Jun 2006
Jenni Millbank
University of Technology, Sydney, Faculty of Law
Downloads 182 (170,707)

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same sex couples, law reform, lesbians, gay men, family law, relationship recognition

21.

The New Surrogacy Parentage Laws in Australia: Cautious Regulation or ‘25 Brick Walls’

Melbourne University Law Review, Vol. 35, No. 1, 2011
Number of pages: 44 Posted: 20 Sep 2011
Jenni Millbank
University of Technology, Sydney, Faculty of Law
Downloads 169 (182,222)
Citation 3

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surrogacy, assisted reporduction, third party reproduction, ART, IVF, law reform, legal parentage

22.

From Functional Family to Spinster Sisters: Australia's Distinctive Path to Relationship Recognition

Washington University Journal of Law and Policy, Vol. 24, 2007
Number of pages: 44 Posted: 10 Aug 2007
Reg Graycar and Jenni Millbank
The University of Sydney Law School and University of Technology, Sydney, Faculty of Law
Downloads 168 (183,144)

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same-sex relationship recognition, lesbians, gay men, same-sex couples, gay marriage, same-sex marriage, de facto relationships, interdependency, family law

23.

Relationship Debt and Guarantees: Best Practice V Real Practice

Journal of Banking and Finance Law and Practice, Vol. 15, pp. 89-115, 2004
Number of pages: 45 Posted: 20 Apr 2005
Jenni Millbank and Jenny Lovric
University of Technology, Sydney, Faculty of Law and University of New South Wales (UNSW) - Faculty of Law
Downloads 167 (184,082)

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relationship debt, guarantee transactions, third party debt, debt, unfair contracts

The Limits of Functional Family: Lesbian Mother Litigation in the Era of the Eternal Biological Family

International Journal of Law, Policy and the Family, Vol. 22, No. 2, 2008
Number of pages: 35 Posted: 10 Jul 2008
Jenni Millbank
University of Technology, Sydney, Faculty of Law
Downloads 165 (186,105)
Citation 5

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functional family, lesbian mothers, same-sex parents, biological family, fathers' rights, non-biological parents

The Limits of Functional Family: Lesbian Mother Litigation in the Era of the Eternal Biological Family

International Journal of Law, Policy and the Family, Vol. 22, Issue 2, pp. 149-177, 2008
Posted: 04 Aug 2008
Jenni Millbank
University of Technology, Sydney, Faculty of Law

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25.

From Alice and Evelyn to Isabella: Exploring the Narratives and Norms of ‘New’ Surrogacy in Australia

(2012) 21(1) Griffith Law Review 101-136
Number of pages: 36 Posted: 05 Jul 2012 Last Revised: 06 Aug 2013
Jenni Millbank
University of Technology, Sydney, Faculty of Law
Downloads 153 (198,302)
Citation 1

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surrogacy, assisted reproductive technology, third party reproduction, law reform, non traditional families, lesbian and gay parenting, same sex parents, single parents, family formation, family regulation, narrative, discourse, parliamentary debate, media representation

26.

Use of Stored Embryos in IVF Following Separation or Death of a Partner

‘Use of Stored Embryos in IVF Following Separation or Death of a Partner’ (2013) 20 Journal of Law and Medicine 773-788.
Number of pages: 21 Posted: 14 May 2014
University of Technology Sydney, Faculty of Law, University of Technology Sydney, Faculty of Law, University of Technology Sydney, Faculty of Law and University of Technology, Sydney, Faculty of Law
Downloads 134 (220,907)

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assisted reproduction, IVF, stored embryos, embyo disputes, posthumous conception

27.

Rethinking 'Commercial' Surrogacy in Australia

(2014) Journal of Bioethical Inquiry, UTS: Law Research Paper No. 2015/3
Number of pages: 24 Posted: 20 Mar 2015 Last Revised: 27 Mar 2015
Jenni Millbank
University of Technology, Sydney, Faculty of Law
Downloads 128 (228,911)

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surrogacy, assisted reproduction, commercial surrogacy, ART regulation

Adjudicating Fear of Witchcraft Claims in Refugee Law

(2018) Journal of Law and Society
Number of pages: 32 Posted: 09 Aug 2018
Jenni Millbank and Anthea Vogl
University of Technology, Sydney, Faculty of Law and University of Technology Sydney, Faculty of Law
Downloads 112 (253,843)

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[comma separated]: gender related persecution; gendered violence; witchcraft; refugee law; religious persecution; particular social group

Adjudicating Fear of Witchcraft Claims in Refugee Law

Journal of Law and Society, Vol. 45, Issue 3, pp. 370-397, 2018
Number of pages: 28 Posted: 23 Aug 2018
Jenni Millbank and Anthea Vogl
University of Technology, Sydney, Faculty of Law and University of Technology Sydney, Faculty of Law
Downloads 1 (703,316)
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29.

Areas of Federal Law that Exclude Same-Sex Couples and Their Children

Number of pages: 131 Posted: 04 Oct 2006
Jenni Millbank
University of Technology, Sydney, Faculty of Law
Downloads 110 (255,885)
Citation 2

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same sex relationships, lesbians, gay men, relationship rights, family law, de facto relationships, same-sex families, anti-discrimination, gay law reform

30.

And then. . . The Brides Changed Nappies: Lesbian Mothers, Gay Fathers and the Legal Recognition of Our Relationships with the Children We Raise

Number of pages: 34 Posted: 11 Mar 2005
Jenni Millbank
University of Technology, Sydney, Faculty of Law
Downloads 99 (275,124)

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Lesbian mothers, gay fathers, homsexual families, law reform, legal recognition of same-sex families

31.

The Bride Wore Pink. . . To the Property (Relationships) Legislation Amendment Act 1999

Canadian Journal of Family Law, Vol. 17, pp. 227-282, 2000
Number of pages: 58 Posted: 11 Mar 2005
Reg Graycar and Jenni Millbank
The University of Sydney Law School and University of Technology, Sydney, Faculty of Law
Downloads 96 (280,766)

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Same-sex relationships, law reform, lesbians, gay men, de facto relationships

32.

A Bride in Her Every-Day Clothes: Same Sex Relationship Recognition in Nsw

Sydney Law Review, Vol. 22, No. 181, 2000
Number of pages: 42 Posted: 28 Apr 2005
Jenni Millbank and Kathy Sant
University of Technology, Sydney, Faculty of Law and Chalfont Chambers, Sydney
Downloads 83 (307,657)

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Same-sex relationships, lesbians, gay men, homosexual law reform, relationship recognition

33.

Responsive Regulation of Cross Border Assisted Reproduction

Journal of Law and Medicine, Vol. 23, 2015
Number of pages: 25 Posted: 24 Nov 2015 Last Revised: 16 Mar 2017
Jenni Millbank
University of Technology, Sydney, Faculty of Law
Downloads 77 (321,527)

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cross border assisted reproduction; IVF; surrogacy; egg donation; international reproductive travel

34.

Rethinking Consent, Information Giving and Counselling Concerning Stored Embryos in IVF Treatment

‘Rethinking Consent, Information Giving and Counselling Concerning Stored Embryos in IVF treatment’ (2013) 20 Journal of Law and Medicine 759-772
Number of pages: 18 Posted: 14 May 2014
University of Technology Sydney, Faculty of Law, University of Technology Sydney, Faculty of Law, University of Technology, Sydney, Faculty of Law and University of Technology Sydney, Faculty of Law
Downloads 73 (331,496)

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assisted reproduction, IVF, consent documentation, patient consent

35.

Embryo Donation for Reproductive Use in Australia

(2013) 20 Journal of Law and Medicine 789-810
Number of pages: 25 Posted: 15 May 2014
University of Technology, Sydney, Faculty of Law, University of Technology Sydney, Faculty of Law, University of Technology Sydney, Faculty of Law and University of Technology Sydney, Faculty of Law
Downloads 70 (339,381)
Citation 3

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embryo donation, assisted reproduction, IVF

36.

The Right of Lesbians and Gay Men to Live Freely, Openly and on Equal Terms is Not Bad Law: A Reply to Hathaway and Pobjoy

New York University Journal of International Law and Politics (JILP), Vol. 44, No. 2 , pp. 497-527, Winter 2012, UTS: Law Research Paper No. 2013/2
Number of pages: 32 Posted: 24 Aug 2013 Last Revised: 17 Oct 2013
Jenni Millbank
University of Technology, Sydney, Faculty of Law
Downloads 59 (370,650)

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refugee law, asylum, sexual orientation, lesbians and gay men, gender based persecution, sexuality, sexual identity

37.

Analysing IVF Participant Understanding of, Involvement in, and Control Over Embryo Storage and Destruction in Australia

(2013) 20 Journal of Law and Medicine 811-830
Number of pages: 24 Posted: 15 May 2014
University of Technology Sydney, Faculty of Law, University of Technology, Sydney, Faculty of Law, University of Technology Sydney, Faculty of Law and University of Technology Sydney, Faculty of Law
Downloads 55 (383,403)

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assisted reproduction, embryo storage, embryo destruction, storage limits, IVF

38.

Numerical Limits in Donor Conception Regimes: Genetic Links and 'Extended Family' in the Era of Identity Disclosure

(2014) 22 Medical Law Review, Forthcoming
Number of pages: 30 Posted: 11 Dec 2013
Jenni Millbank
University of Technology, Sydney, Faculty of Law
Downloads 37 (449,824)

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donor family limits; donor identity disclosure; assisted reproduction; donor conception; non-traditional family forms; genetic links

39.

Identity Disclosure and Information Sharing in Donor Conception Regimes: The Unfulfilled Potential of Voluntary Registers

28 International Journal of Law, Policy and Family, 2014
Number of pages: 32 Posted: 25 Feb 2014
Jenni Millbank
University of Technology, Sydney, Faculty of Law
Downloads 36 (454,154)

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donor conception, assisted reproduction, donor identity, voluntary registers

40.

Reflecting the ‘Human Nature’ of IVF Embryos: Disappearing Women in Ethics, Law, and Fertility Practice

J Law Biosci (2016) doi: 10.1093/jlb/lsw058
Number of pages: 24 Posted: 29 Nov 2016
Jenni Millbank
University of Technology, Sydney, Faculty of Law
Downloads 35 (458,436)

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human embryos, IVF reproductive technology, ethical guidance, embodied relationality, feminist challenges to the disembodied embryo

41.

Editorial: Towards Facilitative Regulation of Assisted Reproductive Treatment in Australia

(2013) 20 Journal of Law and Medicine 701-711
Number of pages: 15 Posted: 19 Mar 2014
Isabel A. Karpin, Jenni Millbank and Anita Stuhmcke
University of Technology Sydney, Faculty of Law, University of Technology, Sydney, Faculty of Law and University of Technology Sydney, Faculty of Law
Downloads 35 (458,436)

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assisted reproduction, embryo donation, IVF

42.

Witchcraft Accusations as Gendered Persecution in Refugee Law

(2018) Social and Legal Studies
Number of pages: 25 Posted: 09 Aug 2018
Sara Dehm and Jenni Millbank
University of Technology Sydney, Faculty of Law and University of Technology, Sydney, Faculty of Law
Downloads 31 (476,837)

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Gender related persecution; gendered violence; refugee law; witchcraft; religious persecution; refugee status determination

43.

Exploring the Ineffable in Women's Experiences of Relationality with Their Stored IVF Embryos

(2017) Body & Society
Number of pages: 23 Posted: 29 Sep 2017
Jenni Millbank
University of Technology, Sydney, Faculty of Law
Downloads 27 (497,209)

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kiki smith; IVF; embryos; assisted reproduction; embodied relationality; feminist theory

44.

Learning from Cross-Border Reproduction

(2017) Med Law Rev fww045. DOI: 10.1093/medlaw/fww045
Number of pages: 24 Posted: 17 Mar 2017
London School of Economics - Law Department, University of Technology, Sydney, Faculty of Law, University of Technology Sydney, Faculty of Law and University of Technology Sydney, Faculty of Law
Downloads 22 (525,841)

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Cross-border reproductive care, Surrogacy, Assisted reproduction, Egg donation, Payments, Legal parentage

45.

Embryo Donation and Understanding of Kinship: The Impact of Law and Policy

Human Reproduction, Vol.32, No.1 pp. 133–138, 2017
Number of pages: 6 Posted: 29 Sep 2017
Jenni Millbank, Anita Stuhmcke and Isabel A. Karpin
University of Technology, Sydney, Faculty of Law, University of Technology Sydney, Faculty of Law and University of Technology Sydney, Faculty of Law
Downloads 18 (549,919)

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embryo donation, IVF, embryo storage limits, donation counselling; kinship

46.

The Role of Professional Facilitators in Cross Border Assisted Reproduction

(2018) 6 Reproductive Biomedicine and Society Online 60-71
Number of pages: 13 Posted: 19 Dec 2018
Jenni Millbank
University of Technology, Sydney, Faculty of Law
Downloads 9 (607,053)

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cross border reproduction; collaborative care; egg donation; professional responsibility; surrogacy; ethical guidelines

47.

Health Practitioner Regulation: Has the National Law Produced National Outcomes in Serious Disciplinary Matters?

(2019) 47(4) Federal Law Review
Number of pages: 34 Posted: 30 May 2019 Last Revised: 20 Aug 2019
Jenni Millbank
University of Technology, Sydney, Faculty of Law
Downloads 6 (627,079)

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health regulation, professional discipline, misconduct, professional misconduct, health professions

48.

The Role of ‘Functional Family’ in Same-Sex Family Recognition Trends

Child and Family Law Quarterly, Vol. 20, No. 2, pp. 155-182, 2008
Number of pages: 28 Posted: 25 Oct 2011
Jenni Millbank
University of Technology, Sydney, Faculty of Law
Downloads 2 (658,335)
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same-sex family, functional family, Canada, Australia, UK, USA, same-sex couples

49.

What is the Responsibility of Australian Medical Professionals Whose Patients Travel Abroad for Assisted Reproduction?

(2019) Medical Law Review, Forthcoming
Number of pages: 33 Posted: 07 Dec 2018
Jenni Millbank
University of Technology, Sydney, Faculty of Law
Downloads 1 (670,319)

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cross border reproduction; collaborative care; egg donation; professional responsibility; surrogacy; ethical guidelines

50.

Serious Misconduct of Health Professionals in Disciplinary Tribunals Under the National Law 2010–2017

Australian Health Review, 2019
Posted: 25 Nov 2019
Jenni Millbank
University of Technology, Sydney, Faculty of Law

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health regulation, professional misconduct, health discipline, professional discipline, Health Practitioner Regulation National Law

51.

‘The Ring of Truth’: A Case Study of Credibility Assessment in Particular Social Group Refugee Determinations

International Journal of Refugee Law, Vol. 21, Issue 1, pp. 1-33, 2009
Posted: 13 Mar 2009
Jenni Millbank
University of Technology, Sydney, Faculty of Law

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