Paper short abstract:

The law is not (yet) able to accommodate a legal framework for the increasing visibility of alternative family structures of multi-parenthood. One of the problems here is the absence of legal kinship vocabulary. In this paper, I will aim to map out possible legal strategies for future direction.

Paper long abstract:

The modalities of parenthood, and more specifically, the definition of "the parental figure(s)" forms a pertinent question for the future of family law. Multi-parenthood, e.g. joint parental projects of gay and lesbian families, surrogacy, (three-person) IVF or de facto multi-parenting in re-constituted families, all transcend hegemonic constructions of the nuclear family. The law, however, is not (yet) able to accommodate a legal framework for the increasing visibility of alternative family structures. One of the problems here is the absence of legal kinship vocabulary. Existing new vocabulary, such as the Belgian 'co-mother' and the Dutch 'duo-mother' does not necessarily align with social practice. Crucial here is the three-way interplay of public perception (how is multi-parenthood perceived), social practice (how is it shaped) and the law (how is it legally accommodated). In this paper, I will aim to explore the discrepancies between the existing gaps in the above mentioned triangular interaction, in order to map out possible legal strategies for future direction. Employing a law-in-context approach, I will draw on the concept of performativity to explore how multi-parenthood is socially constructed through day-to-day social practice and alternative language use. My methodology will encompass both a literature review of regulatory theory and existing kinship vocabulary, as well as semi-structured interviews with parents. This will be integrated in a comparative law analysis of the legal strategies for legal recognition of multi-parenting constructions; which I believe will contribute to the development of 'new kinship' studies in general.