Personal law, family law 86.21



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  •  Title: Family function over family form in the law on parentage? The legal position of children born in informal relationships trans
Author:  Wendy M. Schrama
Source:  Utrecht Law Review
Description:  The Dutch legal system is primarily based on formal family and partner relationships. There is, due to a number of social trends, a growing divergence between family form and family function. In this article the laws on parentage will be analysed with respect to the relationship between fathers and children in informal relationships. This is of particular interest due to the increasing number of extramarital births, which presumably results in a growing number of biological and social fathers not having full parental legal status. Although the legal system is faced with urgent questions as a result of these social trends, the legislature has paid little attention to them. It will be questioned whether a change of the parentage law in informal family relationships could be helpful in dealing with the divergence between the status of formal and functional fathers in Dutch family law.
  •  Title: Tracing down the historical development of the legal concept of the right to know one’s origins, Has ‘to know or not to know’ ever been the legal question? trans
Author:  Richard J. Blauwhoff
Source:  Utrecht Law Review
Description:  This article aims to contribute to the identification and understanding of the main legal questions surrounding the delineation of the material scope of the right to know one’s origins or genetic descent as a legal concept and a procedurally enforceable right. With that dual purpose in mind, a historical analysis is not only offered of the relevant case law of the European Court of Human Rights (ECtHR), but also a critical examination of the procedural rules that have recently been devised in a German Act to promote this right’s enforceability. The ratione materiae of the article is centred on issues concerning the identification of the biological father in the context of socio-legally constructed paternity. It is argued that the recently enacted Act in Germany providing for the creation of a separate, ‘exclusively informational’ procedure to ascertain biological fatherhood not only accords a greater measure of constitutional protection to the right to know than the ECtHR provides, but also has the additional advantage of ensuring that the personal informational interest is taken seriously as a legal value in itself distinguishable from the establishment of legal paternity per se. Nonetheless, in the recently enacted German law a number of procedural problems remain since the legislature was not prepared to consequently distinguish informational interests from the establishment of legal paternity.
  •  Title: The role of formalised and non-formalised intentions in legal parent-child relationships in Dutch law trans
Author:  Machteld Vonk
Source:  Utrecht Law Review
Description:  This article aims to explore the role that the formalised and non-formalised intentions of legal and prospective parents may play in the attribution of parental status in Dutch law in cases of assisted conception. Such intentions may have been laid down in a contract, have been agreed upon orally or they may not have been expressed and/or agreed upon at all by the parties involved. In the first part of this article the situations in which such intentions may play a role will be inventoried. Subsequently, the (lack of) recognition of these intentions in current parent-child law will be discussed. Finally attention will be paid to the desirability of increased recognition of such intentions in Dutch parent-child law.
  •  Title: The Kansas case of K.M.H. US law concerning the legal status of known sperm donors trans
Author:  Nancy G. Maxwell
Source:  Utrecht Law Review
Description:  This article examines the Kansas Supreme Court case of K.M.H., 169 P.3d 1025 (Kan. 2007) within the context of an increasing body of US case law that addresses the legal status of known sperm donors vis-à-vis their biological children born to women who are not in heterosexual marriages. The article begins with an explanation of US parentage law and then reviews and synthesizes the cases leading up to the K.M.H. decision. The article then details the four different opinions in the K.M.H. case, and, in particular, lays out the discussion of the constitutional challenges to the Kansas sperm donor statute. Next the article discusses how the previous known sperm donor cases impacted the sperm donor’s arguments in K.M.H., and how these cases failed to support his claim for parental rights. The article continues with a review of two more decisions, issued after the K.M.H. case, incorporating these cases into the evolving trends discerned in the recent court decisions. The article concludes by summarizing K.M.H.’s position within that evolution.
  •  Title: Daar is hij dan: de echtscheidingsnotaris! trans
Author:  Nuytinck, A.J.M.
Source:  Erasmus Universiteit Rotterdam
Description:  Weekblad voor Privaatrecht, Notariaat en Registratie (WPNR), 139, 2008-6775, 3 pp., 863-865. - Op 24 september 2008 is bij de Tweede Kamer wetsvoorstel 31 714 ingediend tot wijzi-ging van het Wetboek van Burgerlijke Rechtsvordering in verband met verlening aan de notaris van bevoegdheden in verband met gemeenschappelijke verzoeken tot echt-scheiding en tot ontbinding van een geregistreerd partnerschap.1 Dit wetsvoorstel intro-duceert in wezen de ogenaamde ‘echtscheidingsnotaris’. Daartoe wordt niet het mate-riële echtscheidingsrecht, maar uitsluitend het echtscheidingsprocesrecht gewijzigd.
  •  Title: A judicial revolution? The court-led achievement of same-sex marriage in South Africa trans
Author:  Pierre de Vos
Source:  Utrecht Law Review
Description:  This article maps the legal developments that led to the adoption of the Civil Union Act, which extended full marriage rights to same-sex couples in South Africa. It points out that this extension of marriage to same-sex couples would not have been possible if it was not for the groundbreaking decisions on sexual orientation discrimination handed down by the South African Constitutional Court over the past ten years. It al so describes the complex legal regime now in place which allows different sex couples to enter into marriage in terms of a traditional Marriage Act or the new Civil Union Act but restricts same-sex couples to entering into marriage in terms of the latter Act. The article concludes that while this extension of marriage rights can be viewed as a legal revolution, some problems remain with the legal regulation of same-sex relationships in South Africa.
  •  Title: Family vs solidarity, Recent epiphanies of the Italian reductionist anomaly in the debate on de facto couples trans
Author:  Matteo Bonini Baraldi
Source:  Utrecht Law Review
Description:  Whilst the academic world has already started analysing the legal recognition of de facto couples (coppie di fatto), even more so since the Italian Parliament began discussing the Bill on the Patto civile di solidarietà (Pacs), the political debate on de facto couples has become more and more articulated after the Government drafted its bill on ‘Rights and duties of cohabitants’ (DiCo) early in 2007. Subsequently, the Italian Parliament recast previous proposals, including the governmental one, in a new bill introducing the ‘Contract of solidarity union’ (CUS). In this paper, both the general orientations and the specific traits of each of these three bills will be reviewed, against the background of both European and global experiences and good practices. It will be argued that, whilst there are significant differences in the general inspiration that characterises each bill, the reductionist concept of ‘solidarity’ runs across them as a common thread. Acknowledging the importance of this concept, it is claimed that the focus on reductionist solutions is derived from a frame of reference characterised by the binary approach of the Constitutional court and scholars alike, which insulates the traditional family from critical review and confines all other cohabitation arrangements within the boundaries of ‘solidaristic’ unions. It will thus be speculated that the Italian anomaly lies precisely in the fact that reductionist legislative solutions have up until now been presented by mainstream discourse as the maximum of legal protection that may be supported. It is argued that this approach neglects both the specific problem of marital equality for same-sex couples and the problematisation of broader concepts of masculinity and homophobia in Italian society. While maintaining that the Italian debate on de facto couples is deficient in terms of both the internal law reform process and openness towards foreign legal schemes, as recent court cases demonstrate, it is concluded that the way out of the present cul-de-sac could be more easily found once legal scholars accept that the right questions to be asked are different from the ones asked thus far.
  •  Title: Same-sex partnerships in Portugal, From de facto to de jure? trans
Author:  Rosa Martins
Source:  Utrecht Law Review
Description:  As far as cohabitation is concerned, two opposite but simultaneous trends can be detected. In the field of different-sex relationships the trend appears to be that of deregulation, while in the field of same-sex relationships the opposite trend seems to be discernible. Same-sex couples claim for their outside legitimisation of their relationship and demand increasing State intervention on this matter. The purpose of this article is to determine how the Portuguese legislature should deal with these demands. This being so, a brief description of Act 7/2001, as the first piece of Portuguese legislation that offered legal protection to same-sex relationships, is provided. According to this legislation, the legal situation of same-sex relationships is almost identical to the situation of different-sex cohabiting couples. The description will only stress the differences when appropriate. Against this background, it will be possible to reflect on the current legal situation of same-sex relationships in Portugal and determine which further steps the Portuguese legislature should take along the path of according a legal status to same sex relationships. There are two different possibilities, namely opening civil marriage or introducing a form of registered partnership. The advantages and the disadvantages of each one of them will be discussed according to the guiding principles of the Portuguese legal system.
  •  Title: Same-sex partners in Hungary, Cohabitation and registered partnership trans
Author:  Orsolya Szeibert-Erdõs
Source:  Utrecht Law Review
Description:  Same-sex partners cannot enter into marriage according to current Hungarian law. However, they can live together in unmarried cohabitation, which does have certain limited legal consequences for example in the field of civil law. In December 2007, the Hungarian Parliament approved the Act on Registered Partnership, which will enter into force in January 2009. Registered partnership, being a new institution in Hungarian Law, grants almost the all the rights of marriage to both same-sex and different-sex couples. The property consequences will be identical, but registered partners will neither be able to bear each other’s surname nor jointly adopt a child. This submission offers a survey of the rules on cohabitation as well as the rules of the new Registered Partnership Act, taking into account the decisions of the Constitutional Court and the stages of the codification process of the new Civil Code relevant to the status of homosexuals.
  •  Title: Same-sex family unions in Israeli law trans
Author:  Talia Einhorn
Source:  Utrecht Law Review
Description:  The legal problems encountered by same-sex spouses in Israeli law are more complicated than those encountered in other democratic, developed countries. This stems from the fact that under Israeli law many areas of family law, first and foremost marriage and divorce, are governed by religious law, which is opposed to the legal recognition of such relationships. It is also not possible for such couples to establish a registered partnership in Israel, since partnerships can only be established for commercial purposes. A spectrum of family unions has nonetheless developed, gaining state recognition in various respects, mostly owing to the liberal approach of the Israel Supreme Court. Yet, it would appear that only legislation will be able resolve the outstanding problems. In its absence, a legal status is not conferred upon same-sex family unions and as such they are regarded as purely contractual arrangements. Other subject-matters in this article include: the extent of recognition granted to such family unions established abroad, by marriage or registered partnership; spouses’ rights and obligations regarding maintenance obligations and property relations; child adoption in Israel, especially if the child is unrelated to the spouses; parenthood if one spouse is the biological mother and the other a surrogate; the extent of recognition of foreign adoption orders; the dissolution of such family unions and succession.
  •  Title: Is the union civil? Same-sex marriages, civil unions, domestic partnerships and reciprocal benefits in the USA trans
Author:  Ian Curry-Sumner, Scott Curry-Sumner,
Source:  Utrecht Law Review
Description:  The legal recognition of same-sex relationships has been a legislative Gordian knot for almost three decades in the United States of America. Few issues have been so polarising as the debate surrounding the opening of marriage to same-sex couples. The aim of this article is to provide a clear picture of the current state of affairs in the United States as regards the recognition of formalised same-sex relationships. Following an overview of those States that prohibit any form of recognition to same-sex unions, this article focuses on the various registration forms currently operating in eleven jurisdictions in the U.S.A. Using the substantive law material gathered in this overview, these regimes will be compared and contrasted. It is ultimately concluded that despite the differences between the routes taken, uniform patterns are indeed discernible. It would appear that the name used to define these new relationship forms is absolutely crucial if one wishes to understand the political motives and compromises behind the legislation.
  •  Title: What comparative family law should entail trans
Author:  Katharina Boele-Woelki
Source:  Utrecht Law Review
Description:  Since globalization is not only restricted to economic and political relationships, but literally ‘hits home’, it has become indispensable to look beyond national boundaries and to take international developments into account in the field of family law. Hence, comparative family law is blooming. The core part of this contribution to the special issue on ‘Current Debates in Family Law around the Globe’ is aimed at framing the context of comparative family law. The main questions are: How is comparative family law perceived by the academic community and practitioners alike? What should it entail? In the attempt to find answers to these questions, several comparative family law projects, which have been carried out both in Europe and in the United States, have been compared. Whereas family law experts in Europe decidedly contribute to the comparative law methodology debate, similar discussions seemingly do not take place in the United States. It has been examined why this may be the case.
  •  Title: Family law and national culture, Arguing against the cultural constraints argument trans
Author:  Masha Antokolskaia
Source:  Utrecht Law Review
Description:  The ‘cultural constraints argument’, submits that family laws are embedded in unique national cultures, that this cultural and historical diversity is unbridgeable and therefore family laws are not spontaneously converging and cannot be deliberately harmonised. This article argues against the core assumption of the cultural constraints argument – the alleged embedment of family laws in unique and unchangeable national cultures. History shows that in the field of family ideology and law one cannot really talk of unique national cultures, but rather of a pan-European culture, which is not homogeneous but an amalgamation of pan-European ‘conservative’ and pan-European ‘progressive’ cultures. The relative influence of these two opposing family ‘cultures’ varies from country to country and from time to time. Examinations of history of family law suggest that there are the differences in the balance of political power between ‘progressive’ and ‘conservative’ forces, rather than national culture that determines the differences in the pertinent national family laws.
  •  Title: Active parenting or Solomon’s justice?, Alternating residence in Sweden for children with separated parents trans
Author:  Anna Singer
Description:  Alternating residence for children with separated parents has become increasingly popular in Sweden over the last few decades. In this article, a brief background to the use of alternating residence in Sweden will be provided. Relevant legislation will be described and some of the apparent problems in connection to this kind of living arrangement will also be discussed. It is estimated that approximately one out of every five children with separated parents today are living alternately with both parents. The high frequency of alternating residence can probably be explained, to a great extent, by determined legislative work to ensure that joint custody is the main rule for separated parents. Joint custody after separation encourages parents to take a more active part in the child’s life. Alternating residence can be seen as the optimal way to ensure that a child is provided natural and stress-free contact with both parents in the different events of everyday life that is not possible when the child lives with one parent. However, there are also problems related to alternating residence that need to be addressed. The possibility for the courts to decide on alternating residence against the will of one of the parents appears to have little justification considering that one of the prerequisites for this form of living arrangement is that it is beneficial for children if their parents can co-operate. There are also other aspects of the regulation of alternating residence that need to be improved, in particular questions concerning the child maintenance. Different aspects of the public social security system for children with separated parents also need to be adjusted to provide just and fair solutions for children with alternating residence. Finally, since alternating residence is motivated by a desire to protect the best interests of the child, further research clarifying the experiences of children with alternating residence needs to be carried out.
  •  Title: Annotatie zaak C-540/03, Hof van Justitie, 27 juni 2006, Europees Parlement tegen Raad van Europese Unie trans
Author:  Beltman, D.
Source:  Rijksuniveristeit Groningen
Description:  Wettigheid richtlijn 2003/86/EG - gezinsleven - gezinshereniging - belang van het kind - nondiscriminatie -grondrechtenhandvest -artikel 8 en 14 EVRM Gepubliceerd in: SEW vol. 55 (2007), afl. 1, pag. 43-46 (4).
  •  Title: Alternating residence and relocation, A view from France trans
Author:  Frédérique Granet
Source:  Utrecht Law Review
Description:  Alternating residence of children is regulated by the Act of 4th March 2002 and is based either on the basis of parental agreement or, if it is impossible, on a judicial decision. Of course, joint physical parental authority implies appropriate material circumstances, but it also refers to the mutual respect of the parents for each other and to their capacity to communicate with each other, thus ensuring that the child is educated and raised in an harmonious environment. However, this type of arrangement for the child can be altered at any time as and when new circumstances arise, for example when of one of the child’s parents moves. The child’s best interests must remain the paramount consideration in establishing, as well as when terminating an alternating residence arrangement.
  •  Title: Divided parents, shared children, Conflicting approaches to relocation disputes in the USA trans
Author:  Theresa Glennon
Source:  Utrecht Law Review
Description:  parent, most often a woman, seeks self-determination, freedom of movement and a continued custodial relationship with the child. The non-custodial parent seeks to preserve a geographically close relationship with the child. Courts must identify the best interests of the children amidst these multiple and conflicting interests. They make decisions that may determine the course of custodial parents’ lives, affecting remarriage, employment, education, and proximity to family. A narrow doctrinal focus on children’s best interests ignores these key aspects of relocation disputes. This article examines the varied legislative and judicial approaches to relocation disputes in the US and proposed principles for resolution of these disputes. It reviews scholarship analyzing relocation disputes from a wide range of perspectives, including: conflicting social science research; competing ideologies of the post-divorce family; alternative dispute resolution; parents’ constitutional rights; domestic violence victims; and proposals to eliminate geographic presumptions and remedy the economic effect of restraints on relocation. Relocation doctrine in the US should be realigned to address these complex perspectives. States should also assist post-divorce families to support children through the common experience of relocation.
  •  Title: Volledige sekseneutraliteit in het personen- en familierecht: over erkennende vrouwen en barende mannen. trans
Author:  Nuytinck, A.J.M.
Source:  Erasmus Universiteit Rotterdam
Year:  2010
  •  Title: Parental relocation, Free movement rights and joint parenting trans
Author:  Christina G. Jeppesen de Boer
Source:  Utrecht Law Review
Description:  As joint parental authority increasingly becomes the legal norm applied in situations where the parents do not live together, for example, after divorce or the breakup of a relationship, the settlement of disputes regarding the concrete exercise of parental authority gain relevance. A common dispute concerns the relocation of the resident parent. How do the courts deal with relocation disputes? Is relocation dealt with even-handedly between resident and non-resident parents? Do the same principles apply to relocation inside and outside the jurisdiction? This article compares the approaches taken in Dutch and Danish law, as well as the Principles on Parental Responsibilities drafted by the European Commission on Family Law.
  •  Title: The international and interregional law of succession in the Kingdom of the Netherlands since October 1, 1996 trans
Author:  Wolde, prof. mr. M.H. ten
Source:  Rijksuniversiteit Groningen
Year:  2001
  •  Title: More or less together: Levels of legal consequences of marriage, cohabitation and registered partnership for different-sex and same-sex partners. A comparative study of nine European countries trans
Author:  Kees Waaldijk
  •  Title: The establishment of parenthood : a story of successful convergence? trans
Author:  Forder, Caroline; Saarloos, Kees.
Source:  Universiteit Maastricht
  •  Title: De Arubaanse en de Curaçaose verwekker en de nationaliteit van het door hen postnataal erkende kind trans
Author:  Nuytinck, A.J.M.
  •  Title: Het nieuwe (echt)scheidingsrecht en het fusiegezin trans
Author:  Nuytinck, A.J.M.
  •  Title: Het gezag over minderjarige kinderen en de andere levensgezel trans
Author:  Nuytinck, A.J.M.
  •  Title: Het gesloten stelsel van uiterste wilsbeschikkingen: weg ermee! trans
Author:  Nuytinck, A.J.M.
  •  Title: Verruiming van adoptiemogelijkheden trans
Author:  Nuytinck, A.J.M.
  •  Title: Gezag en overlijden trans
Author:  Nuytinck, A.J.M.
  •  Title: Eenzijdig verzoek ongehuwde vader tot gezamenlijk gezag ontvankelijk? Annotatie van HR 27 mei 2005, NJ 2005, 485 trans
Author:  Nuytinck, A.J.M.
  •  Title: Inconvenient marriages, or what happens when ethnic minorities marry trans-jurisdictionally trans
Author:  Prakash Shah
Source:  Universiteit Utrecht
Published in:  Utrecht Law Review
Year:  2010
Abstract:  This article presents evidence of a trend in the practice of British immigration control of denying recognition to marriages which take place trans-jurisdictionally across national and continental boundaries and across different state jurisdictions. The article partly draws on evidence gleaned from the writer’s own experience of being instructed as an expert witness to provide opinions of the validity of such marriages, and partly on evidence from reported cases at different levels of the judicial system. The evidence demonstrates that decision making in this area, whether by officials or judges, often takes place in arbitrary ways, arguably to fulfil wider aims of controlling the immigration of certain population groups whose presence in the UK and Europe is increasingly seen as undesirable. However, and quite apart from the immigration control concerns underlying such actions, the field throws up evidence of the kinds of legal insecurity faced by those whose marriages are solemnized under non-Western legal traditions and calls into question respect for those traditions when they come into contact with Western officialdom.
  •  Title: Plurality of marriage law and marriage registration for Muslims in Indonesia: a plea for pragmatism trans
Author:  Adriaan Bedner, Stijn van Huis
Source:  Universiteit Utrecht
Published in:  Utrecht Law Review
Abstract:  This article discusses the law and practice of Muslim marriages and their registration in Indonesia. The central question is to what extent these accommodate the rights and needs of poor women. A historical overview of state involvement in marriage regulation demonstrates how the women’s rights discourse has been largely replaced by one based on Islamic law, but that nonetheless women’s rights in marriage have been substantively reinforced. The next part discusses the control of Muslim marriage in practice, by focusing on the registration of marriage and divorce. It shows how informal practices at the lowest level of the state and state courts serving as a safety net protect the rights of poor women in practice much more effectively than is often assumed. These findings undermine the assumptions underlying the current emphasis by national women’s rights groups and donors on extending state registration and criminalising non-registration. This emphasis on the juridification of people’s lives by casting the issue essentially in terms of human rights and remedies may in fact even lead to the opposite of what it aims to achieve: more liberty for women to dispose of their own lives.
  •  Title: Protection of spouses in informal marriages by human rights trans
Author:  Susan Rutten
Source:  Universiteit Utrecht
Published in:  Utrecht Law Review
Abstract:  This article deals with one of the aspects of a pluralistic society: the existence of informal marriages. These are marriages concluded in accordance with religious or cultural traditions that do not comply with the requirements of the formal secular legal order. Two aspects of those marriages will be discussed: primarily, whether and to what extent spouses in informal marriages should be regarded and protected by law as spouses, and secondly, whether spouses who are involuntary kept in their informal marriages should be released by and protected by formal law. With regard to both aspects the question will be raised whether human rights could and should serve as a means to offer spouses of informal marriages their desired protection. From recent case law both from the European Court of Human Rights and the national courts, it becomes clear that human rights have only recently and very cautiously started to demand a role in the informal legal orders.
  •  Title: "Europees" echtscheiden trans
Author:  Eeckhout, V. Van Den
Source:  Universiteit Leiden
Year:  2010
  •  Title: De leiding van de rechter bij echtscheiding trans
Author:  M.W. de Hoon P. Vlaardingerbroek
Source:  Universiteit van Tilburg
Year:  2010
  •  Title: Het recht van kinderen op levensonderhoud: een gedeelde zorg trans
Author:  Jonker, M.
Source:  Universiteit Utrecht
Year:  2011
Description:  Research indicates that the current child maintenance system in the Netherlands suffers from inadequacies. An important indication is the fact that many Dutch parents resort to the courts in order to resolve their differences concerning the child maintenance payment. Another indication relates to the high number of parents with care who apply to the National Maintenance Collection Agency (LBIO) to enforce the child maintenance payment by the liable parent. In addition to this, Dutch municipalities are dealing with considerable numbers of recovery claims each month. The central question of this research is the following: Do the Norwegian and Swedish child maintenance systems provide models that can be transposed into Dutch legislation? The reason for comparing the Dutch child maintenance system with the Norwegian and Swedish systems is that the social structure of these Nordic countries shares essential features with that of the Netherlands, and because both Norway and Sweden have a progressive child maintenance system. The main conclusion is that parts of the Scandinavian systems can be transposed into Dutch legislation, concerning the duty and the right to child maintenance, the determination of child maintenance and the enforcement of the amount. The following recommendations may be formulated for the Dutch child maintenance system based on the research conclusions drawn. A maintenance obligation ought to be developed for a known donor in case this has not been acquired by a consenting partner, as is the case in Norway and Sweden. In addition The Dutch legislator should adopt the example of the Norwegian and Swedish child maintenance systems by providing children beyond the age of eighteen with a conditional right to maintenance. Any child receiving secondary or higher education should be considered to be in need. The Dutch government should establish formal guidelines for assessing child maintenance, for example by issuing a governmental decree. Furthermore, assessing the required amount of child maintenance should be straightforward, depending on a limited number of factors, and it should be based on the needs of children, on the one hand, and the financial capacity of parents on the other. Fixed amounts should thereby be set as standards to guarantee legal certainty. In order to calculate the amount of child maintenance the Dutch government should develop an easy-to-use digital program, and this should be made generally available. When child maintenance can be assessed along formal guidelines and fixed amounts, the assessment may take place by the LBIO in addition to the courts, and it is expected that this will reduce the number of lawsuits. The provision that renders contracts drawn up by a notary public concerning the amount of child support enforceable by law should be executed. In addition, the collection of child maintenance by the LBIO on the basis of a mutual agreement without a writ of execution should be made possible.
  •  Title: Adoptie door paren van hetzelfde geslacht : wie probeert de wet te beschermen? trans
Author:  Curry-Sumner, I. Vonk, M.J.
Source:  Universiteit Utrecht
Year:  2006
  •  Title: Duo-moeders en hun kinderen trans
Author:  Vonk, M.J.
Source:  Universiteit Utrecht
Year:  2008
Description:  In oktober 2007 heeft de Commissie Kalsbeek haar rapport inzake het lesbisch ouderschap gepubliceerd. Het is nu aan de wetenschap, de praktijk en de wetgever om dit rapport kritisch te bekijken. Men moet zich afvragen of het rapport een realistische voorstelling van zaken geeft, of dat er wellicht hier een daar een te eenvoudig beeld van de situatie wordt geschetst. Dit artikel zal aan de hand van een aantal casussen de conclusies van het rapport Lesbisch Ouderschap aan een kritische analyse onderwerpen.