Collaborative Co-Parenting and Heteronormativity: Recognising the Interests of Gay Fathers – Family Law

Philip Bremner,Lecturer, School of Law, University of Sussex

Keywords: same-sex parents - gay fathers - family law -assisted reproduction -procreative consciousness -multiple parents

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The article further argues that the lamentable lack of explicit judicial consideration of the interests of gay men involved in collaborative co-parenting reflects the gender-based disparity perpetuated by the parenthood provisions of the Human Fertilisation and Embryology Act 2008. These provide for the recognition without court involvement of women-led, homonuclear families but not male-led parenting. Therefore, courts must be sensitive to this disparity by explicitly considering the procreative consciousness of gay men, as they currently do with the potential vulnerability of women-led families. Only in this way, will judicial reasoning reflect the various interests at stake in collaborative co-parenting arrangements rather than privileging a particular family form.

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Collaborative Co-Parenting and Heteronormativity: Recognising the Interests of Gay Fathers - Family Law

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