Determining Legal Parentage: Between Family Law and Contract Law

The traditional family definition has changed due to sociological changes, leading to the need for modern contractual devices to regulate legal parentage. Dr. Yehezkel Margalit suggests intentional parenthood as the most appropriate normative doctrine to resolve these dilemmas and ensure parental and children's rights.

Format: Paperback / softback
Length: 334 pages
Publication date: 19 May 2022
Publisher: Cambridge University Press

The institutions of family and parenthood have undergone significant transformations in recent decades, marking a profound shift in societal norms and values. In the past, the traditional family was commonly perceived as a heterosexual couple living together with their children under one roof. However, rapid sociological changes have led to a dramatic redefinition of family, marital relations, parenthood, and the dynamics between parents and children.

To address these evolving challenges, Dr. Yehezkel Margalit delves into the question of whether modern contractual devices and doctrines can be employed to privately regulate the establishment of legal parentage. In his book, he advocates for intentional parenthood as the most suitable and flexible normative doctrine for resolving the dilemmas that have arisen in the field of determining legal parentage. By leveraging the certainty of contract law, Margalit suggests that determining the legal status of parenthood is the best approach to clarify ambiguities and safeguard the rights of both parents and children.

The use of contractual arrangements in regulating parentage raises several ethical and legal considerations. Margalit explores these issues in depth, examining the potential benefits and drawbacks of such arrangements. He argues that intentional parenthood can provide a framework for resolving disputes and ensuring that children's rights are protected. By formalizing the parental relationship through contract, parents can establish clear expectations and responsibilities, which can help prevent misunderstandings and conflicts.

Furthermore, Margalit emphasizes the importance of flexibility in the legal regulation of parentage. He recognizes that different families may have unique circumstances and preferences, and therefore, a one-size-fits-all approach may not be appropriate. Intentional parenthood allows for personalized arrangements that take into account the specific needs and desires of each family. This can promote greater stability and security for children, as well as provide parents with the autonomy to make decisions that are best for their families.

However, it is crucial to note that the regulation of parentage through contract should not be seen as a replacement for traditional legal mechanisms. Margalit emphasizes the importance of maintaining a robust legal framework that protects the rights and interests of all parties involved, including children. He advocates for a balanced approach that combines contractual arrangements with existing legal frameworks to ensure that children's best interests are always prioritized.

In conclusion, the last few decades have witnessed a dramatic transformation in the institutions of family and parenthood. The traditional definition of a family has been expanded to include diverse family structures and relationships. As such, it is essential to explore innovative approaches to regulating parentage to ensure that children's rights are protected and that families have the flexibility to make decisions that are best for their unique circumstances. Intentional parenthood offers a promising solution to these challenges, providing a framework for resolving disputes, establishing clear expectations, and promoting stability and security for children. However, it is important to approach such arrangements with caution and to maintain a robust legal framework that safeguards the rights and interests of all parties involved.

Weight: 486g
Dimension: 154 x 228 x 22 (mm)
ISBN-13: 9781108436915