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- Waaldijk - Afstamming ongeacht gerichtheid of geslacht (incl noten) - 2014
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Afstammingsrecht ongeacht gerichtheid of geslacht
This article criticises the new Dutch provisions (in force since 1 April 2014) that make it possible for a woman to become the second mother of the child of her female partner without having to go through an adoption procedure. The author argues that it would have been better - and possible - to make no distinction at all between a child born to a woman with a female partner and a child born to a woman with a male partner. He proposes a new provision for the Civil Code that would be both gender neutral and orientation neutral. The married or registered partner of the birth mother should automatically become the second legal parent of the child, unless another person - with permission of both partners - will have formally acknowledged the child before its birth.
When this article was included in this Liber Amicorum (online at rechtwijs.nl/jcvslxla), the editors left out the footnotes by mistake. A copy of the article...
Show moreThis article criticises the new Dutch provisions (in force since 1 April 2014) that make it possible for a woman to become the second mother of the child of her female partner without having to go through an adoption procedure. The author argues that it would have been better - and possible - to make no distinction at all between a child born to a woman with a female partner and a child born to a woman with a male partner. He proposes a new provision for the Civil Code that would be both gender neutral and orientation neutral. The married or registered partner of the birth mother should automatically become the second legal parent of the child, unless another person - with permission of both partners - will have formally acknowledged the child before its birth.
When this article was included in this Liber Amicorum (online at rechtwijs.nl/jcvslxla), the editors left out the footnotes by mistake. A copy of the article including the footnotes is available in the Leiden University Repository.
Show less- All authors
- Waaldijk, C.
- Editor(s)
- Loeb, E.; Martens, C.; Oostrom, N. van; Vollebregt, L.
- Date
- 2014-12-13
- Title of host publication
- Alle kleuren Jaap! Liber Amicorum ter gelegenheid van de 60e verjaardag van Jaap van Straaten
- Pages
- 28 - 37