Plurality and Diversity in Law

Family Forms and Family's Functions
1. Auflage 2023
ISBN: 978-1-83970-305-8
Verlag: Lefebvre Sarrut Belgium NV

Buch, Englisch, 488 Seiten, Format (B × H): 176 mm x 250 mm, Gewicht: 1030 g

This volume presents comparative perspectives on two main issues. The first is whether, and if so, how, family law recognises that a child can have multiple parents. The focus falls on stepfamilies; families where children are raised in more than one household, because, for example, their parents jointly exercise custody after separation or have never shared a household but share parenting responsibilities; polygamous families; families where children have been adopted but maintain links with their biological families; families where children are cared for in terms of a kafala arrangement; families where a child was born as a result of donor-assisted reproductive technology using one male and one female gamete; families where a child was born as a result of 'three-parent' medical technology; and families where a child was born as a result of surrogacy. The second main issue is which family functions are recognised and favoured by the law, and whether the presence of children in the family makes a difference in this regard.Plurality and Diversity in Law: Family Forms and Family's Functions shows that, in most jurisdictions, family law recognises a maximum of two legal parents and that, in some jurisdictions, those two parents must be one female person and one male person. Except in the case of surrogacy, the two legal parents are usually the woman who gives birth to the child and her spouse/partner. In some jurisdictions, multiple parents are recognised to some degree after adoption. Multiple parents are not recognised in the case of kafala, but they are recognised in polygamous families in some jurisdictions. Insofar as family functions are concerned, the book shows that the provision of economic security and financial support to children and economically weaker family members, as well as having and raising children predominate. Generally, the family's functions are the same, regardless of whether or not the family includes children.

Autoren/Hrsg.

Weitere Mitwirkende

Heaton, Jacqueline

Kemelmajer, Aida

Fachgebiete

• Rechtswissenschaften Ausländisches Recht Common Law (UK, USA, Australien u.a.)
• Rechtswissenschaften Bürgerliches Recht Familienrecht

Über Autor(innen)

Kemelmajer, Aida
Aida Kemelmajer is a former judge of the Supreme Court of Mendoza, Argentina and a former professor of the Universidad Nacional de Cuyo, Argentina. She is an author/co-author of more than 30 books and was a member of the commission that prepared the draft of the Civil and Commercial Code of the Argentinian Republic. She is doctor honoris causa of various universities in France, Argentina, and Peru, as well as Professor in many Judiciary Schools of Latin America.

Heaton, Jacqueline
Jacqueline Heaton is a professor who lectures Family Law at the University of South Africa. She is former editor of the South African Law Journal and the Annual Survey of South African Law. She was also guest editor of Speculum Juris - Special Issue on Family Law: 2009 (2), published in 2010. She is the author/co-author of more than 30 books (some of which are in their 6th edition) and many articles in law journals, as well as editor/co-editor of three books.