Abstract
Legal conceptions of the family have evolved considerably in recent years. Many legal systems now offer recognition to what are commonly termed ‘non-traditional’ families, namely those that fall outside of the ‘sexual family’ ideal. Such reforms are certainly encouraging but they may nonetheless be criticised on the basis that they promote a heteronormative construction of the family rather than providing an innovative new perspective on modern family relationships. Using recent Irish reforms as the basis for the discussion, this article will examine the normative approach to family recognition which has been adopted in both Ireland and England and Wales and it will question whether those legal systems adequately accommodate families which fall outside the normative ideal. Where failings are identified, suggestions are presented as to how the law could be modified so as to fully accommodate ‘non-traditional’ families, in particular gay and lesbian families.
Original language | English |
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Pages (from-to) | 316-331 |
Number of pages | 16 |
Journal | Journal of Social Welfare and Family Law |
Volume | 39 |
Issue number | 3 |
DOIs | |
Publication status | Published - 3 Jul 2017 |
Keywords
- children
- family law
- LGBT
- Parentage