Families Sex And The Law

"In the past decade, people whose bodies, genders or sexualities differ from socially expected norms have become more visible and have been granted greater recognition within the law. Yet despite this, many service providers do not have a strong understanding of the social and legal issues that continue to have a significant impact on these diverse groups of people and their relationships and families. In order to address this knowledge gap, this book brings together research findings from often disparate disciplines into an accessible and useful form for practitioners, as well as for researchers, academics, students, and the general public. Part 1 defines key terms, and addresses the psychosocial and legal issues faced by trans or gender diverse, intersex, and/or non-heterosexual individuals. Part 2 looks at the psychosocial and legal aspects of couple relationships. Part 3 considers parenting and families. Part 4 discusses practical tips for professionals working with this client group, including specific content for lawyers and mediators. As a whole, this book both questions the presumed neutrality of the law, yet insists that it is possible for the law to play a key role in challenging cisgenderism and heterosexism."--Back cover.

Comparative in both approach and framework, Family Law, Sex and Society provides a critical exposition of key areas in family law, exploring their evolution and development within their historical, cultural, political and legal context. Cross-referencing to English law throughout, this comparative textbook pays particular attention to the transformation of marriage; the development of divorce laws; matrimonial property; the legal recognition of unmarried heterosexual and same-sex cohabitants; the universal adoption of the best interests standard for children in domestic and international legislation; and the impact of the Human Rights Act 1998 on family law in a variety of jurisdictions. Divided into different sections, Family Law, Sex and Society includes coverage of: a jurisdictional and historical survey of some of the main themes in Family Law, as well as consideration of the evolution of the Western family the English law relating to divorce, marital property and children and a comparison with the equivalent law in the civil law jurisdictions of France and Germany family law developments in other common law countries such as Australia and New Zealand, selected American jurisdictions, parts of Africa and some Far Eastern countries; and hybrid jurisdictions like Japan and Russia an analysis of the law relating to unmarried cohabitation and domestic partnerships in civil law jurisdictions such as France, Germany and Sweden in comparison to Anglo-American law a comparative analysis of the laws relating to domestic violence. Family Law, Sex and Society offers valuable socio-legal and socio-cultural insights into the practice of family law, and is the only textbook that provides a unified, coherent and comparative approach to the study of family law as it operates in these particular jurisdictions.

This portable single volume handbook brings together the up-to-date statutory and jurisprudential position in family law appertaining to same sex couples, with an emphasis on children (where the law is at its most complex). The text clarifies the effect of the law of England and Wales as it relates to people with or wanting children who are in same sex relationships, in particular giving guidance as to complex issues such as; gender and what constitutes a same sex relationship; same sex relationships for the international family; the effect on parentage of the timing, location and manner of a child's conception issues of legality, illegality and status surrounding surrogacy and adoption; the family and financial consequences of the breakdown of same sex relationships and co parent relationships; the law relating to property ownership and succession for couples in a same sex relationship; the changes to the law in the HFEA 2008 which allow two people of the same sex to be the child's legal parents. Children and Same Sex Families: A Legal Handbook assists families, individuals and professionals in giving advice and making choices and arrangements to achieve the best outcome for that family. It is an invaluable guide to this rapidly evolving area of law written for all family lawyers and related professionals (eg charities; local authorities; healthcare trusts; adoption agencies; benefits agencies)

Changes in family structures, demographics, social attitudes and economic policies over the last 60 years have had a large impact on family lives and correspondingly on family law. The Second Edition of this Handbook draws upon recent developments to provide a comprehensive and up-to-date global perspective on the policy challenges facing family law and policy round the world. The chapters apply legal, sociological, demographic and social work research to explore the most significant issues that have been commanding the attention of family law policymakers in recent years. Featuring contributions from renowned global experts, the book draws on multiple jurisdictions and offers comparative analysis across a range of countries. The book addresses a range of issues, including the role of the state in supporting families and protecting the vulnerable, children’s rights and parental authority, sexual orientation, same-sex unions and gender in family law, and the status of marriage and other forms of adult relationships. It also focuses on divorce and separation and their consequences, the relationship between civil law and the law of minority groups, refugees and migrants and the movement of family members between jurisdictions along with assisted conception, surrogacy and adoption. This advanced-level reference work will be essential reading for students, researchers and scholars of family law and social policy as well as policymakers in the field.

In Reconstructing the Household, Peter Bardaglio examines the connections between race, gender, sexuality, and the law in the nineteenth-century South. He focuses on miscegenation, rape, incest, child custody, and adoption laws to show how southerners struggled with the conflicts and stresses that surfaced within their own households and in the larger society during the Civil War era. Based on literary as well as legal sources, Bardaglio's analysis reveals how legal contests involving African Americans, women, children, and the poor led to a rethinking of families, sexuality, and the social order. Before the Civil War, a distinctive variation of republicanism, based primarily on hierarchy and dependence, characterized southern domestic relations. This organic ideal of the household and its power structure differed significantly from domestic law in the North, which tended to emphasize individual rights and contractual obligations. The defeat of the Confederacy, emancipation, and economic change transformed family law and the governance of sexuality in the South and allowed an unprecedented intrusion of the state into private life. But Bardaglio argues that despite these profound social changes, a preoccupation with traditional notions of gender and race continued to shape southern legal attitudes.

Comparative in both approach and framework, Family Law, Sex and Society provides a critical exposition of key areas in family law, exploring their evolution and development within their historical, cultural, political and legal context. Cross-referencing to English law throughout, this comparative textbook pays particular attention to the transformation of marriage; the development of divorce laws; matrimonial property; the legal recognition of unmarried heterosexual and same-sex cohabitants; the universal adoption of the best interests standard for children in domestic and international legislation; and the impact of the Human Rights Act 1998 on family law in a variety of jurisdictions. Divided into different sections, Family Law, Sex and Society includes coverage of: a jurisdictional and historical survey of some of the main themes in Family Law, as well as consideration of the evolution of the Western family the English law relating to divorce, marital property and children and a comparison with the equivalent law in the civil law jurisdictions of France and Germany family law developments in other common law countries such as Australia and New Zealand, selected American jurisdictions, parts of Africa and some Far Eastern countries; and hybrid jurisdictions like Japan and Russia an analysis of the law relating to unmarried cohabitation and domestic partnerships in civil law jurisdictions such as France, Germany and Sweden in comparison to Anglo-American law a comparative analysis of the laws relating to domestic violence. Family Law, Sex and Society offers valuable socio-legal and socio-cultural insights into the practice of family law, and is the only textbook that provides a unified, coherent and comparative approach to the study of family law as it operates in these particular jurisdictions.

This book draws on nearly one thousand cases and anecdotes about twins bending and breaking rules in order to fulfill or flout tenets of twinhood. Society’s unwillingness to contextualize mores and policies to suit twins may perpetuate controversy and law-breaking. Twins and Deviance shows how twins’ allegedly sacred bond violates conventions beginning at conception. Throughout their lives, they may be victimized, tortured, and neglected specifically because of their bond. Twins have lives that matter – their bond is not static or unconditional, it may be fluent and emotional. The book paints a picture of twin individuals whose lives relate to contemporary readers’ and audiences’ lives because they are weird, eccentric, ritualized, fetishized, pornographized, criminalized, and chastised by society; but what is especially interesting about twins is that society has institutionalized controversial practices and traditions sometimes implicitly or explicitly demanding that twinhood be realized or dishonored so that twins comply with social norms and expectations. Offering a truculent, unpretentious, and straightforward representation of contemporary society, Twins and Deviance does not defend or defy society’s strange, niche, and shaded view of twins. Rather, it artfully and sensitively depicts twins as historically and presently seeming like gods, heroes, renegades, saviors, mutations, terrorists, gangs, and betrayers; and skillfully discusses twins’ bodies to elucidate their individuality, decode their correspondence, and explore analytical tributaries new to sociocultural research. Using vivid examples, Twins and Deviance postulates that twins intrigue and entrance singletons because they deviate from norms, embody principles of duality, fulfill self-reflexive fantasies, and symbolize eternal life and the afterlife. The value of twins and twinhood to singletons is evident in psychoanalysis, reflections, religion and mythology, words, and politics; and yet, this is the only book to bring to light the immense depth of this captivating insight. Twins and Deviance challenges and improves previous research by collecting new topics to retool twins and deviance discussions. As such, it is a must-read for students, professors, and audiences engaging in gender, justice, sexuality, legal, and cultural studies, and all researchers conducting twin studies.

American political and legal culture is uncomfortable with children's sexuality. While aware that sexual expression is a necessary part of human development, law rarely contemplates the complex ways in which it interacts with children and sexuality. Just as the law circumscribes children to a narrow range of roles - either as entirely sexless beings or victims or objects of harmful adult sexual conduct - so too does society tend to discount the notion of children as agents in the domain of sex and sexuality. This book reflects on some of the unique challenges that accompany children in the broader context of sex, exploring from diverse perspectives the ways in which children emerge in sexually related dimensions of law and contemporary life. It explores a broad range of issues, from the psychology of children as sexual beings to the legal treatment of adolescent consent.