Understanding Multi-Parent Families in the Low Countries
Delve into the legal aspects and societal norms surrounding intentional multi-parent families in the Low Countries, as explored by Prof. Ingrid Boone during the 16th ISFL World Conference in Amsterdam. The discussion covers topics such as legal multi-parenthood, the position of individuals in multi-parenting arrangements, and the Belgian legal framework regarding parentage, adoption, and parental responsibilities.
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Presentation Transcript
How many parents can one child have? The Low Countries approach to intentional multi-parent families Prof. Ingrid Boone 16th ISFL World Conference Amsterdam 27 July 2017
Overview I. Introduction II.Legal position of persons involved in multi- parenting arrangements III. Legal multi-parenthood IV. Conclusion 2
Introduction Artificial procreation Parenting by single persons or same- sex couples More than two intended parents Children raised in two households Separation of parenting from relationship parents 4
Legal position of persons involved in multi-parenting arrangements
Legal position of persons involved in muti- parenting 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 muti- parenting 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 muti- parenting 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 muti- parenting 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 muti- parenting 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 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 21st 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) Birthmother, genetic parent, life companions Max 4 parents, 2 households Multi-parenthood contract prior to conception Agreement between intended parents Registration on birth cerficate Custody rights Deeds of acceptance of Parenthood Court approval 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
RETHINKIN_ Rethinking legal kinship and family studies in the Low Countries Scientific Research Network of the Research Foundation Flanders www.rethinkin.eu
