Prof. Ingrid Boone 16th ISFL World Conference Amsterdam 27 July 2017

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Presentation transcript:

Prof. Ingrid Boone 16th ISFL World Conference Amsterdam 27 July 2017 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 Introduction Legal position of persons involved in multi- parenting arrangements III. Legal multi-parenthood IV. Conclusion

Introduction

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

Intentional multi-parent families Introduction Intentional multi-parent families Two-parent limit

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 Legal parentage Max. two legal parents Traditionally: parentage = blood ties MAR: intention to become parent

Legal position of persons involved in muti-parenting arrangements 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

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:

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:

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

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 21st Century” (2016) 68 recommendations

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

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

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

Conclusion

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