Title:
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The problem of parenting in lesbian familes and family law.
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This thesis explores the relationship between the problems that parenting
has presented in lesbian families and family law. Through a series of
theoretical and empirical observations, the thesis suggests that a
'heterosexual parenting paradigm' continues to pervade law and society,
notwithstanding numerous changes in the legal status of non-heterosexual
relationships. Drawing from interviews with sixteen lesbian parents, it is
demonstrated that this heterosexual parenting paradigm has a significant
impact on the how lesbian families are embraced politically, culturally and
institutionally. The thesis goes on to illustrate that the heterosexual
parenting paradigm has also constrained the general effectiveness of legal
responses to the changing nature of parental relationships. As a result, it is
suggested that the common law and legislative approach to defining
parent/child relationships has become anachronistic. In pmticular, law has
not yet established means of reflecting adequately the fragmentation of
parenthood into its genetic and social components. This in tum has created
some confusion and inconsistency in the legal framework for recognising
parents. In relation to lesbian parents it is concluded that, notwithstanding
positive developments, law has done little to erode the hegemony of the
heterosexual parenting paradigm and the problems presented by lesbian
parenting have not been satisfactorily dealt with. Finally, the thesis calls for
a review of the way in which parenting is recognised in law, arguing that a
more functional definition of parenthood is necessary and would benefit
both lesbian families and family law.
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