Full Description
Adults and Children in Postmodern Societies provides a critical analysis of the different ways in which the law can recognise and protect relationships between adults and children in postmodern societies which are characterised by increas-ingly diverse family configurations. The book focuses of six fundamental ques-tions:
• How does the law deal with the changes occurring in what is still re-ferred to as the `traditional' family, such as for example anonymous childbirth, paternity disputes, shared custody?
• How does the law recognise and protect families conceived with help of assisted reproduction techniques, such as IVF, surrogacy, anonymous or non-anonymous gamete donation?
• How does the law recognise and protect families bound by de facto so-cial or emotional ties, particularly in context of step-parents and step-children or foster families?
• Which relationships between adults and children should be recognised and protected by law? Should there be restrictions based on couple sta-tus, gender or number?
• If relationships between adults and children should be protected, which legal tools should be used: legal rules, judicial discretion or contractual freedom?
• Which common analytical framework could be used to understand - and face - the legal challenges raised by the transformations of family relationships?
These questions are addressed in-depth by an international team of distin-guished family law experts of 19 different jurisdictions (Algeria, Argentina, Australia, Belgium, Canada, Democratic Republic of the Congo, England and Wales, France, Germany, Ireland, Italy, Japan, Lithuania, the Nether-lands, Romania, Spain, Switzerland, Sweden and the USA), covering the current state of affairs, foreseeable legal developments and thought-provoking reflections. The legal perspective of the national reports is com-plemented by interdisciplinary perspectives from experts in history, anthro-pology, psychology and philosophy, making this book a unique and essen-tial source for anyone working in the field.
Contents
Introduction (p. 1) PART I. NATIONAL REPORTS ON LEGAL REGULATIONS OF RELATIONSHIPS BETWEEN ADULTS AND CHILDREN.Legal Relationships Between Adults and Children in Algeria (p. 15) Legal Relationships Between Adults and Children in Argentina (p. 37) Legal Relationships Between Adults and Children in Australia (p. 75) Legal Relationships Between Adults and Children in Belgium (p. 111) Legal Relationships Between Adults and Children in Canada (p. 149)Legal Relationships Between Adults and Children in the Democratic Republic of the Congo (p. 187) Legal Relationships Between Adults and Children in England and Wales (p. 219) Legal Relationships Between Adults and Children in France (p. 249) Legal Relationships Between Adults and Children in Germany (p. 285) Legal Relationships Between Adults and Children in Ireland (p. 323) Legal Relationships Between Adults and Children in Italy (p. 351) Legal Relationships Between Adults and Children in Japan (p. 385) Legal Relationships Between Adults and Children in the Netherlands (p. 417) Legal Relationships Between Adults and Children in Romania (p. 451) Legal Relationships Between Adults and Children in Spain and Catalonia (p. 481) Legal Relationships Between Adults and Children in Sweden (p. 515) Legal Relationships Between Adults and Children in Switzerland (p. 551) Legal Relationships Between Adults and Children in the United States of America (p. 583) PART II. INTERDISCIPLINARY APPROACH. Historical Insights (p. 623) Philosophical Insights (p. 641) Psychological Insights (p. 657) PART III. INTERNATIONAL LAW INSIGHTS. International Human Rights Law as a Basis for Reconstructing Legal Relationships Between Adults and Children (p. 673) Private International Law as a Basis for Reconstructing Legal Relationships Between Adults and Children (p. 707) PART IV. COMPARATIVE APPROACH. Parentage, Parenthood and Parental Responsibility in Traditional Families (p. 723) Emergence and Development of Artificial Reproductive Technologies (p. 759) Multiplication of Potential Social and Emotional Ties (p. 793) The Future of Legal Relationships Between Adults and Children (p. 825) General Conclusion (p. 865)
