The Role of 'Functional Family' in Same-Sex Family Recognition Trends

Child and Family Law Quarterly, Vol. 20, No. 2, 2008

28 Pages Posted: 6 May 2008 Last revised: 6 Aug 2013

See all articles by Jenni Millbank

Jenni Millbank

University of Technology, Sydney, Faculty of Law

Abstract

A relatively overlooked aspect of trends according relationship rights to same sex couples and families in Western nations in recent times is the extent to which they have drawn upon the sociological concept of 'functional family'. The kernel of functional family claims in law is that rights should flow from the way a relationship functions rather than being limited by its legal form. This article explores the influence and development of 'functional family' approaches in same-sex family recognition measures in both litigation and legislative reforms in recent decades across Canada, Australia, Britain and the USA.

Keywords: functional family, same-sex relationships, law reform, lesbian parents, gay parents, civil unions, same-sex families

JEL Classification: J71, J78, K11, K19, K33, K39

Suggested Citation

Millbank, Jenni, The Role of 'Functional Family' in Same-Sex Family Recognition Trends. Child and Family Law Quarterly, Vol. 20, No. 2, 2008, Available at SSRN: https://ssrn.com/abstract=1127990

Jenni Millbank (Contact Author)

University of Technology, Sydney, Faculty of Law ( email )

Australia

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