Towards a new concept of parenthood: procreational responsibility

Abstract

This paper focuses on the legal position of children born into families where only one of the parents is genetically or biologically related to the child. This includes children born into same-sex families as well as children born into different-sex families. The subject is approached from a comparative legal perspective and covers two jurisdictions: England and The Netherlands. The paper aims to answer the question of what are the implications for children born into these families if their current legal position is assessed on the basis of the notion that - a child’s family situation deserves legal protection; and - a child should have the possibility to acquire two legal parents. These two notions are derived from the presumption that it is inherent in the legal systems of the two jurisdictions that children in so-called typical families with a biological mother and a biological father do have the opportunity to acquire two legal parents (legal parenthood) and that their family situation is adequately protected (parental responsibility). In both jurisdictions the law is in a transition from a parent-centred family law to a child-centred family law. In line with this transition the focus must shift from the differences between the parents to the equivalent nature of the needs and rights of the child.