Same-Sex Parenting and the Best Interests Principle

Lydia Bracken

doi:10.1017/9781108684460

This book is written for academics, students, policymakers, practitioners, and non-governmental organisations interested in the legal recognition of LGBT+ parenting. The book presents arguments in favour of the legal recognition of gay and lesbian families that are based on consideration of the best interests of the child. In this context, 'best interests' is informed by reference to children's rights and to social science data. Applied in this manner, it is argued that the best interests of children can be used to demand that same-sex parenting arrangements are afforded legal recognition and protection. Suggestions are also presented as to the most appropriate manner of providing for this recognition in the areas of parental responsibility, adoption, donor-conception and surrogacy. These suggestions are drawn from comparative case studies, focusing on England and Wales, Ireland and South Africa, that are used to facilitate assessment of the best interests principle.

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Contents

Same-Sex Parenting and the Best Interests Principle
pp i-ii
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Same-Sex Parenting and the Best Interests Principle - Title page
pp iii-iii
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Copyright page
pp iv-iv
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Dedication
pp v-vi
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Contents
pp vii-x
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Table of Cases
pp xi-xiii
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Table of Instruments
pp xiv-xvi
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Introduction
pp 1-13
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1 - The Best Interests Principle
pp 14-57
Theoretical Understanding
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2 - The Best Interests of the Child
pp 58-77
Sociological and Psychological Research
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3 - Parental Responsibility
pp 78-113
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4 - Adoption
pp 114-146
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5 - Donor Conception
pp 147-191
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6 - Surrogacy
pp 192-234
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Conclusion
pp 235-240
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Bibliography
pp 241-253
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Index
pp 254-256
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Contents

Same-Sex Parenting and the Best Interests Principle
pp i-ii

Same-Sex Parenting and the Best Interests Principle - Title page
pp iii-iii

Copyright page
pp iv-iv

Dedication
pp v-vi

Contents
pp vii-x

Table of Cases
pp xi-xiii

Table of Instruments
pp xiv-xvi

Introduction
pp 1-13

1 - The Best Interests Principle
pp 14-57

2 - The Best Interests of the Child
pp 58-77

3 - Parental Responsibility
pp 78-113

4 - Adoption
pp 114-146

5 - Donor Conception
pp 147-191

6 - Surrogacy
pp 192-234

Conclusion
pp 235-240

Bibliography
pp 241-253

Index
pp 254-256

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