This book addresses the pressing challenges presented by the proliferation of international surrogacy arrangements. The book is divided into three parts. Part 1 contains National Reports on domestic approaches to surrogacy from Argentina, Australia, Belgium, Brazil, China, Czech Republic, France, Germany, Greece, Guatemala, Hungary, India, Ireland, Israel, Mexico, Netherlands, New Zealand, Russia, South Africa, Spain, Ukraine, United Kingdom, United States and Venezuela. The reports are written by domestic specialists, each demonstrating the difficult and urgent problems arising in many States as a result of international surrogacy arrangements. These National Reports not only provide the backdrop to the authors' proposed model regulation appearing in Part 3, but serve as a key resource for scrutinising the most worrying incompatibilities in national laws on surrogacy. Part 2 of the book contains two contributions that provide international perspectives on cross-border surrogacy such as the 'human rights' perspective. Part 3 contains a General Report, which consists of an analysis of the National Reports appearing in Part 1, together with a proposed model of regulation of international surrogacy arrangements at the international level written by the two co-editors, Paul Beaumont and Katarina Trimmings. The research undertaken by Katarina Trimmings and Paul Beaumont from 2010 to 2012 was funded by the Nuffield Foundation.

Most people believe that parents have rights to direct their children's education and upbringing. But why? What grounds those rights? How broad is their scope? Can we defend parental rights against those who believe we need more extensive state educational control to protect children's autonomy or prepare them for citizenship in a diverse society? Amid heated debates over issues like sexual education, diversity education and vouchers, Moschella cuts to the heart of the matter, explaining why education is primarily the responsibility of parents, not the state. Rigorously argued yet broadly accessible, the book offers a principled case for expanding school choice and granting exemptions when educational programs or regulations threaten parents' ability to raise their children in line with their values. Philosophical argument is complemented with psychological and social scientific research showing that robust parental rights' protections are crucial for the well-being of parents, children and society as a whole.

This second edition collection of Legal Letters written by Attorney Andrew Agatston to Children's Advocacy Centers, child advocates and detectives builds upon the 2009 book, "The Legal Eagles of Children's Advocacy Centers: A Lawyer's Guide to Soaring in the Courtroom." It is critical for Children's Advocacy Center professionals, and others who work on behalf of children who have alleged sexual abuse, to have a thorough understanding of the legal system and the legal rules and requirements that directly affect their professional responsibilities. This book is a second collection of Legal Letters that Mr. Agatston has written to his "Legal Eagles" as part of his weekly List Serv that now has subscribers in 35 states.

Winner of the 2010 Pacific Sociological Association Distinguished Contribution to Scholarship Award

A lesbian couple rears a child together and, after the biological mother dies, the surviving partner loses custody to the child's estranged biological father. Four days later, in a different court, judges rule on the side of the partner, because they feel the child relied on the woman as a "psychological parent." What accounts for this inconsistency regarding gay and lesbian adoption and custody cases, and why has family law failed to address them in a comprehensive manner?

In Courting Change, Kimberly D. Richman zeros in on the nebulous realm of family law, one of the most indeterminate and discretionary areas of American law. She focuses on judicial decisions--both the outcomes and the rationales--and what they say about family, rights, sexual orientation, and who qualifies as a parent. Richman challenges prevailing notions that gay and lesbian parents and families are hurt by laws' indeterminacy, arguing that, because family law is so loosely defined, it allows for the flexibility needed to respond to--and even facilitate -- changes in how we conceive of family, parenting, and the role of sexual orientation in family law.

Drawing on every recorded judicial decision in gay and lesbian adoption and custody cases over the last fifty years, and on interviews with parents, lawyers, and judges, Richman demonstrates how parental and sexual identities are formed and interpreted in law, and how gay and lesbian parents can harness indeterminacy to transform family law.

California Adoption Law and Procedure explains the law governing contested adoptions. It covers the four types of adoptions (independent, agency, stepparent and intercountry), and briefly discusses those aspects of guardianship and juvenile dependency law which relate to adoptions. This book explores the "best interests of the child" and the home study process. It also seeks to explain "consent," whose consent must be obtained, and whether consent may be revoked. The book further describes the roles of attorneys, adoption service providers, adoption facilitators, adoption agencies and governmental agencies. It seeks to clarify the rights of the adoptive parents, the child, and of third parties, whether or not a Postadoption Contact Agreement is in place. This text discusses interstate conflicts and how laws such as the Uniform Child Custody Jurisdiction and Enforcement Act operate. It also covers the new federal statutes and regulations which implement the Hague Convention on Intercountry Adoption. Prof. Everett L. Skillman is a member of the adjunct faculty at the University of San Diego School of Law. He and his wife Shelley were foster parents for three years and adoptive parents for 12 years after that. At seminars conducted by social services agencies and private agencies, Prof. Skillman had the good fortune of meeting many wonderful, committed fellow foster parents, and learning how they overcame a wide variety of challenges. Prof. Skillman has been licensed to practice law since 1990; he has taught several courses on Adoption Law; he has helped many others complete their adoptions; and he has been certified since 2000 by the California State Bar as a specialist in appellate law.

There has been growing enthusiasm for the use of mediation to seek a resolution for cases arising under the Hague Convention of October 25, 1980 on the Civil Aspects of International Child Abduction. However, despite being endorsed by the conclusions of experts, judicial comment, and even legislative changes, there have been relatively few cases where mediation has played a significant role. It has been suggested that the reason underlying this dichotomy between the widespread support for the use of mediation and the current limited practice is that there are several key questions regarding the use of mediation in the context of the Convention which remain to be answered. Specifically, what is meant by Convention mediation? How can a mediation process fit within the constraints of the Convention? Why offer mediation in Convention cases given the existing legal framework? This book addresses these questions and, in doing so, encourages a movement from enthusiasm about the use of mediation in the Convention context to greater practice. It will be useful as a point of reference for practitioners, and stimulating and interesting to academics. (Series: Studies in Private International Law - Vol. 7)

A tension lies at the heart of family law. Expressed in the language of rights and duties, it seeks to impose enforceable obligations on individuals linked to each other by ties that are usually regarded as based on love or blood. Taking a contextual approach that draws on history, sociology and social policy as well as law and legal theory, this book examines the concept of obligation as it has been developed in family law and the difficulties the law has had in translating it from a theoretical and ideological concept into the basis of enforceable actions and duties. Increasingly, the idea of commitment has been offered as the key organising principle for the recognition of family relationships, often as a means of rebutting claims that family ties are becoming attenuated, but the meaning and scope of this concept have not been explored. The book traces how the notion of commitment is understood and how far it has come to be used as a rationale for imposing the core legal obligations which underpin care and caring within families.

From the BESTSELLING Law Express revision series. Law Express Question and Answer: Family Law is designed to ensure you get the most marks for every answer you write by improving your understanding of what examiners are looking for, helping you to focus in on the question being asked and showing you how to make even a strong answer stand out.

This book is based on reports on the theme ‘Plurality and Diversity in Law: Family Forms and Family’s Functions’ presented at the Fourth Thematic Congress of the International Academy of Comparative Law in Pretoria, South Africa in October 2021. The contributions consider two main issues. The first is whether family law recognises that a child can have multiple parents. The focus falls on stepfamilies; families where children are raised in more than one household because, for example, their parents jointly exercise custody after separation or have never shared a household but share parenting responsibilities; polygamous families; families where children have been adopted but maintain links with their biological families; families where children are cared for in terms of a kafala arrangement; families where a child was born as a result of donor-assisted reproductive technology using one male and one female gamete; families where a child was born as a result of ‘three-parent’ medical technology; and families where a child was born as a result of surrogacy. The contributions show that, in most of the jurisdictions, family law recognises a maximum of two legal parents and that, in some jurisdictions, those two parents must be one female person and one male person. Except in the case of surrogacy, the two legal parents are usually the woman who gives birth to the child and her spouse/partner. In some jurisdictions, multiple parents are recognised to some degree after adoption. Multiple parents are not recognised in the case of kafala but they are recognised in polygamous families in some jurisdictions. The second main issue is which family functions are recognised and favoured by the law, and whether the presence of children in the family makes a difference in this regard. The main functions identified in the contributions are the provision of economic security and financial support to children and economically weaker family members; having and raising children; being a place where people take care of each other; providing a special bond to the members of the family; and being a refuge of love and companionship. The two functions which predominate are the provision of economic security and financial support to children and economically weaker family members, and having and raising children. Generally, the family’s functions are not viewed differently depending on whether or not the family includes children. However, if the family does include children, the function of raising children may be elevated above the other functions and the scope of the provisions of economic security and financial support and of caretaking responsibilities is increased.

More so than in any other form of forensic evaluation, mental health professionals who conduct parenting plan evaluations must have an understanding of the most current evidence in the areas of child development, optimal parenting plans across various populations, behavioral psychology, family violence, and legal issues to inform their opinions. In addition, family law judges and legal professionals require the best available evidence to support their decisions and positions. Parenting Plan Evaluations has become the go-to source for the most current empirical evidence in the field of child custody disputes. Fully updated in this Second Edition, the volume continues its focus on translating and implementing research associated with the most important topics within the family court. It presents an organized and in-depth analysis of the latest research and offers specific recommendations for applying these findings to the issues in child custody disputes. Written by international experts in the field, chapters cover the most important and complex issues that arise in family court, such as attachment and overnight timesharing with very young children, co-parenting children with chronic medical conditions and developmental disorders, domestic violence during separation and divorce, alienation, gay and lesbian co-parents, and relocation, among others. This volume assists forensic mental health professionals to proffer empirically based opinions, conclusions, and recommendations and assists family law judges and attorneys in evaluating the reliability of the information provided to the courts by mental health professionals in their reports and testimony. Not just for forensic evaluators, Parenting Plan Evaluations is a must-read for legal practitioners, family law judges and attorneys, and other professionals seeking to understand more about the science behind parenting plan evaluations.

Winner, 2021 Lawrence S. Wrightsman Book Award, given by the American Psychology-Law Society Bridges family law and current psychological research to shape understanding of legal doctrine and policy Family law encompasses legislation related to domestic relationships--marriages, parenthood, civil unions, guardianship, and more. No other area of law touches so closely to home, or is changing at such a rapid pace--in fact, family law is so dynamic precisely because it is inextricably intertwined with psychological issues such as human behavior, attitudes, and social norms. However, although psychology and family law may seem a natural partnership, both fields have much to learn from each other. Our laws often fail to take into account our empirical knowledge of psychology, falling back instead on faulty assumptions about human behavior. This book encourages our use of psychological research and methods to inform understandings of family law. It considers issues including child custody, intimate partner violence, marriage and divorce, and child and elder maltreatment. For each topic discussed, Eve Brank presents a case, statute, or legal principle that highlights the psychological issues involved, illuminating how psychological research either supports or opposes the legal principles in question, and placing particular emphasis on the areas that are still in need of further research. The volume identifies areas where psychology practice and research already have been or could be useful in molding legal doctrine and policy, and by providing psychology researchers with new ideas for legally relevant research.

Intimate details about the personal lives of medieval people are frustratingly rare. We seldom know what the men and women of the middle ages thought about marriage, let alone about sex. The records of the church courts of the province of York, mainly dating from the fourteenth century, provides a welcome light on private, family life and on individual reactions to it. They include a wide range of fascinating cases involving disputes about the validity of marriage, consent, sex, marital violence, impotence and property disputes. They also show how widely the laws of marriage were both known and accepted. Marriage Disputes in Medieval England offers a remarkable insight into personal life in the middle ages.
"' Then Maud said, "God forbid that you should have the power to know me carnally unless you will marry me." Robert answered, "Behold my oath that if I take anyone to be my wife I will take you if you will yield to me." Maud answered, "Behold my oath that I will be at your disposal." And Robert took her in his arms and threw her to the ground in "Le Kowbos" and knew her carnally.' " --Maud Schipyn and Robert Smyth, October 17, 1355

"This is an excellent and rare exploration of a sensitive religious issue from many perspectives - legal, cultural and political. The case studies from Indonesia, Malaysia, Singapore and Thailand portray the important and exciting, yet very difficult, negotiation of Islamic teachings in the changing realities of Southeast Asia, home to the majority of Muslims in the world. Interreligious marriage is an important indicator of good relations between communities in religiously diverse countries. This book will also be of great interest to students and scholars of religious pluralism in a Southeast Asian context, which has not been studied adequately." - Zainal Abidin Bagir, Executive Director, Center for Religious and Cross-cultural Studies (CRCS), Gadjah Mada University, Indonesia "The issue of Muslim-non-Muslim marriages has different connotations in the different Southeast Asian states. For example, in Thailand it is more a fluid cultural issue but in Malaysia it reflects great racial schisms with severe legal implications. This book is a welcome one as it examines the issue not only from the perspectives of various Southeast Asian nations but also from so many angles; the legal, historical, social, cultural, anthropological and philosophical. The work is scholarly, yet accessible. Underlying it, there is a vital streak of humanism." - Azmi Sharom, Associate Professor, Faculty of Law, University of Malaya

This book breaks new theoretical ground by constructing a framework of 'relational vulnerability' through which it analyses the disadvantaged position of those who undertake unpaid caregiving, or 'dependency-work', in the context of the private family. Expanding on existing socio-legal scholarship on vulnerability and resilience, it charts how the state seeks to conceal the embodied and temporal reality of vulnerability and dependency within the private family, while promoting an artificial concept of autonomous personhood that exposes dependency-workers work to a range of harms. The book argues that the legal framework governing the married and unmarried family reinforces principles of individualism and rationality, while labelling dependency-work as a private, gendered, and sentimental endeavor, lacking value beyond the family. It also considers how the state can respond to relational vulnerability and foster resilience. It seeks to provide a more comprehensive understanding of resilience, theorising its normative goals and applying these to different hypothetical state responses.

This volume collects all the relevant instruments in the field of EU private international law (PIL) in family matters (the Brussels II ter Regulation, the Brussels II bis Regulation, the Maintenance Regulation, the Rome III Regulation, the Succession Regulation, the twin Regulations on property regimes and three international conventions: the 1980 Hague Convention on international child abduction, the 1996 Hague Convention on measures for the protection of children and the 2007 Hague Protocol on maintenance).International instruments are complemented by referencing decisions issued by the CJEU on these Regulations (currently around 70). Decisions are not published in their entirety, nor limited to the official operative part of the judgments. Distinctively and importantly, each and all of the many passages and/or obiter dicta that are disseminated through the decisions have been considered, sorted out and reported in a concise and clear synopsis which has been inserted as a footnote to each relevant passage of the applicable rule or Article. This makes the volume a succinct, yet complete and accurate, tool both for practitioners and academics who need to keep track of the overwhelming EU case law in PIL in family matters.

In the State of Israel, the unique family law derives from ancient Jewish law, halakhic traditions, and an extensive legal tradition spanning many centuries and geographic locations. This book examines Israeli family law in comparison with the corresponding law in the United States and illuminates common issues in legal systems worldwide. The Israeli system is primarily controlled by the religious law of the parties. Thus, religious courts were also established and granted enforcement powers equivalent to those of the civil courts. This is a complex situation because the religious law applied in these courts is not always consistent with gender equality and civil rights practiced in civil court. This book seeks to clarify that tension and offer solutions. The comprehensive analysis in this book may serve as a guide for those interested in family law: civil court judges, rabbinical court judges, lawyers, mediators, arbitrators, and families themselves. Topics central to the book include issues subject to modification, the right of a minor to independent status, extramarital relationships, and joint property.

This book deals with adoption laws and practices in small island developing states in the Pacific. It commences with an introductory chapter giving an overview of relevant laws and practices and pulling together the common themes and issues raised in the book. Each of the following chapters deals with adoption law and practice in a small South Pacific country. The countries in question all have plural legal systems, with systems of adoption and its closest customary law equivalent operating side by side. In most cases, there is an insufficiently developed relationship between the two systems, which has resulted in a number of problems. Additionally, international law adds another layer of complexity. Size and remoteness in the small states under discussion have a profound impact on local practices.

John Eekelaar, FBA, is a 'giant of family law', whose unrivalled contribution to the entire breadth of family law scholarship and research, has brought many doctrinal, theoretical, empirical and contextual insights to the study of family law and family justice. His world-wide reputation and influence in the field of family law, and the huge body of literature his career of more than 50 years has produced, is celebrated in this collection of essays written by senior judges and fellow academics. The 66 contributions cover a vast range of issues in family law, child law and family justice. Many draw their inspiration from Eekelaar's sociolegal and social policy focus, the seminal, keystone or prescient nature of his analyses, or the various lenses through which he has sought to refract the subject matter of family law. Throughout the book the admiration for Eekelaar and the high esteem in which he is held is palpable. The result is a collection of insightful critical engagements with family law and family justice, inspired by Eekelaar's work, which bear testament to the vast impact of Eekelaars ideas and to his kindness and humanity.

This book considers the case for modernising partnership rights in EC family reunification law. Existing Community law traditionally guarantees immigration rights only to spouses and yet there is a growing diversity of national laws on same-sex marriage, registered partnerships and recognition of cohabitation. The Community institutions which have recently framed new legislation seem to view this as a question that can be settled by political agreement with little or no outside constraint. The book challenges this assumption. The book outlines recent developments in national legal systems and traces the development of the recent Community legislation. Then, drawing on basic ECHR principles, the place of the ECHR in Community law, and on basic Community law principles of free movement and discrimination the book argues that the right of a migrant EU Citizen to family reunification for a cohabiting partner is presumptively protected and therefore justification for refusing to admit such partners must be provided. It also considers the possible justifications for marriage-partners only immigration policies and concludes that although possible, such justifications are far from certain to succeed. The discussion also tackles the question of whether judicial activism is appropriate or whether there should be judicial deference to the legislative process recently completed. The book concludes with a wider discussion of the proper response of Community law to the increasing diversity of Member States family laws and policies beyond the field of immigration rights. The book will be of value not only to immigration lawyers, but also to those interested in partnership rights generally, as well as to a wider audience of EU lawyers, primarily academics but also graduate students and practitioners.

Based on the 2005 Oxford Clarendon Lectures in Law, this book deals with the remarkable change in society's attitude to homosexuality over the last half century. Until 1967 homosexual acts were punished by the criminal law and as recently as 1988 Parliament forbade teachers from suggesting that homosexuality was an acceptable family relationship. In 2005 Parliament passed the Civil Partnership Act, which creates a framework in which same-sex couples can have their relationship legally recognised in much the same way as marriage. This book looks at the essentials of the civil partnerships contruct, and asks whether it is really creating an institution of 'gay marriage'? If not, the next question to ask is whether civil partnership can satisfy the demands for equality increasingly being made by the gay community? In the United States, the courts have taken an active and progressive stance, holding that to deny marriage to same sex couples and leave them with mere partnership is to create a 'separate but equal' situation historically associated with the racial discrimination now universally recognised as unconstitutional and morally unjustifiable. However, the political climate has risen to a fever pitch with the current administration's push for constitutional amendment to ban outright gay marriage. In the UK the courts have been less activist, but the potential creation of a Supreme Court raises important questions about the boundaries between the roles of judiciary, the legislature, and government; and whether the judiciary should play a more constitutionally active role than has thus far been traditional?