How many parents can one child have The

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How many parents can one child have? The Low Countries’ approach to intentional multi-parent

How many parents can one child have? The Low Countries’ approach to intentional multi-parent families Prof. Ingrid Boone 16 th ISFL World Conference Amsterdam 27 July 2017

Overview I. Introduction II. Legal position of persons involved in multiparenting arrangements III. Legal

Overview I. Introduction II. Legal position of persons involved in multiparenting arrangements III. Legal multi-parenthood IV. Conclusion 2

Introduction 3

Introduction 3

Introduction Artificial procreation Parenting by single persons or samesex couples More than two intended

Introduction Artificial procreation Parenting by single persons or samesex couples More than two intended parents Children raised in two households Separation of parenting from relationship parents 4

Introduction Intentional multi-parent families Two-parent limit 5

Introduction Intentional multi-parent families Two-parent limit 5

Legal position of persons involved in multi-parenting arrangements

Legal position of persons involved in multi-parenting arrangements

Legal position of persons involved in mutiparenting arrangements Belgian law: legal parentage, adoption, parental

Legal position of persons involved in mutiparenting arrangements Belgian law: legal parentage, adoption, parental responsibilities A. Legal parentage - Max. two legal parents - Traditionally: parentage = blood ties - MAR: intention to become parent 7

Legal position of persons involved in mutiparenting arrangements A. Legal parentage - MAR heterosexual

Legal position of persons involved in mutiparenting arrangements A. Legal parentage - MAR heterosexual couple: mother and father (donor excluded) - MAR single woman: mother, no (legal) father - Same-sex partners: - Adoption (2006) - Co-motherhood (2015): mother and co-mother, no (legal) father 8

Legal position of persons involved in mutiparenting arrangements B. Adoption - Strong adoption -

Legal position of persons involved in mutiparenting arrangements B. Adoption - Strong adoption - Simple adoption: - Adoptive parents in addition to original parents Transfer of parental responsibilities to adoptive parents - Adoption by stepparent: original parent + spouse/partner (adoptive parent) - Example: 9

Legal position of persons involved in mutiparenting arrangements C. Parental responsibilities - Legal parents

Legal position of persons involved in mutiparenting arrangements C. Parental responsibilities - Legal parents automatically hold parental responsibilities - Joint exercise - Rights and duties cannot be shared with other person - Example: 10

Legal position of persons involved in mutiparenting arrangements C. Parental responsibilities - Non-legal parent

Legal position of persons involved in mutiparenting arrangements C. Parental responsibilities - Non-legal parent = third party - Legal consequences: Right and duty to care - Financial support - Residence - Important decisions; decisions about child’s civil status - Administration of child’s property and representation - Contact - Practical problems 11 -

Legal muti-parenthood

Legal muti-parenthood

Legal multi-parenthood - Belgium: Exploratory report on multi-parenthood (Senate, 2015) - The Netherlands: Multi-parenthood

Legal multi-parenthood - Belgium: Exploratory report on multi-parenthood (Senate, 2015) - The Netherlands: Multi-parenthood recommendation issued by Government Committee on the Reassessment of Parenthood - Report “Child and Parents in the 21 st Century” (2016) 68 recommendations 13

Legal multi-parenthood - The Netherlands: Multi-parenthood recommendation (Government Committee on the Reassessment of Parenthood)

Legal multi-parenthood - The Netherlands: Multi-parenthood recommendation (Government Committee on the Reassessment of Parenthood) - Equal protection as child raised in family unit with one or two legal parents Continuity of parent-child relationship Improvement of child’s factual and legal situation 14

Legal multi-parenthood - The Netherlands: Multi-parenthood recommendation (Government Committee on the Reassessment of Parenthood)

Legal multi-parenthood - The Netherlands: Multi-parenthood recommendation (Government Committee on the Reassessment of Parenthood) Agreement between intended parents Multi-parenthood contract prior to conception Birthmother, genetic parent, life companions Max 4 parents, 2 households Court approval Deeds of acceptance of Parenthood Registration on birth cerficate Custody rights 15

Legal multi-parenthood - The Netherlands: Multi-parenthood recommendation (Government Committee on the Reassessment of Parenthood)

Legal multi-parenthood - The Netherlands: Multi-parenthood recommendation (Government Committee on the Reassessment of Parenthood) - Comments: - Dutch Minister of Justice: positive - Public conference (Februari 2017): mainly positive - Children (8 -14 y) growing up in intentional multi-parent families 16

Conclusion

Conclusion

RETHINKIN_ Rethinking legal kinship and family studies in the Low Countries Scientific Research Network

RETHINKIN_ Rethinking legal kinship and family studies in the Low Countries Scientific Research Network of the Research Foundation Flanders www. rethinkin. eu