Plurality and Diversity in Law: Family Forms and Family's Functions

This book explores the recognition of multiple parents and favored family functions in family law across different jurisdictions. It finds that while most jurisdictions recognize a maximum of two legal parents, there are variations in the recognition of multiple parents after adoption and in the case of kafala arrangements. The book also highlights the importance of family functions such as economic security, financial support, child-rearing, caretaking, and love and companionship, regardless of whether children are present in the family.

Format: Hardback
Length: 545 pages
Publication date: 13 March 2023
Publisher: Intersentia Ltd

This book is based on reports on the theme 'Plurality and Diversity in Law: Family Forms and Familys Functions presented at the Fourth Thematic Congress of the International Academy of Comparative Law in Pretoria, South Africa, in October 2021. The contributions consider two main issues. The first is whether 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 contributions show that, in most of the 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. 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.

The contributions also consider whether family law recognises and favours certain family functions, such as child-rearing, and whether the presence of children in the family makes a difference in this regard. The contributions show that, in most of the jurisdictions, family law recognises and favours certain family functions, such as child-rearing, and that the presence of children in the family makes a difference in this regard.

In conclusion, the contributions to this book provide valuable insights into the recognition of multiple parents and family functions in family law. The book highlights the diversity of family forms and functions in different jurisdictions and the challenges and opportunities that these forms and functions present for families and society as a whole.

ISBN-13: 9781839703058