Families by Agreement: Navigating Choice, Tradition, and Law

Brian H. Bix's book "Families by Agreement" explores the increasing legal recognition of private ordering in American family law, discussing when it is beneficial and when it should be regulated or prohibited.

Format: Hardback
Length: 200 pages
Publication date: 17 August 2023
Publisher: Cambridge University Press

In this groundbreaking work, esteemed family and contract law expert Brian H. Bix delves into the growing legal recognition of private ordering in American family law. Today, individuals have the power to modify the terms of marriage and divorce through agreements, and courts occasionally permit individuals to establish, waive, and modify parental rights through surrogacy, open adoption, and co-parenting agreements, among other mechanisms. However, when does such private ordering benefit everyone, and when should it be regulated or prohibited? Families by Agreement answers these critical questions in a comprehensive and accessible manner, serving as an invaluable resource for those involved in litigating these matters and for those who seek to engage thoughtfully in these moral and policy debates.

The increasing legal recognition of private ordering in American family law has brought about significant changes in the way families are structured and managed. Individuals now have the ability to alter the terms of their marriages and divorces through agreements, allowing for more flexible and personalized arrangements. Courts have also begun to recognize and enforce parental rights through surrogacy, open adoption, and co-parenting agreements, providing greater opportunities for families to form and maintain meaningful relationships.

While private ordering has many benefits, it is important to consider when it may be beneficial to all and when it should be regulated or prohibited. One concern is the potential for abuse or exploitation, particularly in cases where one party has significant power or influence over the other. For example, in surrogacy arrangements, there may be concerns about the rights and well-being of the surrogate mother and the child, and about the potential for coercion or fraud. Similarly, in co-parenting agreements, there may be disputes over child custody, visitation, and support, which can be difficult to resolve without the involvement of a court.

To address these concerns, it is important to have robust regulations and oversight in place. Governments and legal institutions should establish clear guidelines and standards for private ordering, ensuring that the rights and interests of all parties are protected. This may include requirements for disclosure, consent, and impartial representation, as well as mechanisms for dispute resolution and enforcement.

In addition, education and awareness-raising are crucial to promoting the responsible use of private ordering. Individuals should be provided with information about their rights and responsibilities, as well as the potential risks and benefits of different types of private ordering arrangements. This can help to ensure that decisions are made informedly and that everyone involved has a fair and equal chance to participate in the process.

Overall, the increasing legal recognition of private ordering in American family law has the potential to provide greater flexibility and choice for families, but it is important to ensure that such arrangements are fair, transparent, and protected. By implementing appropriate regulations and promoting education and awareness, we can help to ensure that private ordering continues to evolve in a way that benefits all members of society.

ISBN-13: 9781107060401