How many parents can one child have The
- Slides: 18
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 multi-parenthood IV. Conclusion 2
Introduction 3
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
Legal position of persons involved in multi-parenting arrangements
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 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 - 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 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 = 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 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) - 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) 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) - 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
RETHINKIN_ Rethinking legal kinship and family studies in the Low Countries Scientific Research Network of the Research Foundation Flanders www. rethinkin. eu
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