(DOWNLOAD) "Legal Parenthood and the Recognition of Alternative Family Forms in Canada." by University of New Brunswick Law Journal * eBook PDF Kindle ePub Free
eBook details
- Title: Legal Parenthood and the Recognition of Alternative Family Forms in Canada.
- Author : University of New Brunswick Law Journal
- Release Date : January 01, 2010
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 331 KB
Description
In recent decades, there has been a fundamental shift in the way that individuals organize their families. Due to important societal changes, such as the rise of divorce and remarriage, the legal recognition of cohabiting spouses, the legalization of same-sex marriage, and the advent of new reproductive technologies, there is now a multitude of family forms in Canada. (1) Family law has been slow to respond to these changes and, as a result, it does not meet the needs of existing, valid Canadian family units. The current laws pertaining to legal parenthood are premised on the underlying ideology that the nuclear, typically heterosexual, family is the ideal family unit. (2) This outdated notion fails to acknowledge present societal realities and has an adverse effect on alternative families. They are forced to fit into a legal structure that was not designed for them and, as a result, they are often denied legal recognition or are forced to settle for an outcome that does not meet their unique needs and circumstances. Legislatures have been reluctant to amend the laws pertaining to legal parenthood to better reflect the diversity of Canadian families. Accordingly, much of the evolution of these laws has originated in the pursuit of legal recognition through litigation by private individuals. This is a significant barrier to effective change because courts must work within a legislative structure that continues to idealize the nuclear family, making it impossible in some cases to legally recognize a legitimate family form. Progress is often dependent on a judge's willingness to either interpret rigid laws more liberally or to invalidate the legislation altogether. Thus, in the absence of more inclusive legislation, the legal recognition of an alternative family is dependent on a judge's perception of the ideal family unit and the role of the courts in evolving Canadian family law. (3)