1. Prof. Ingrid Boone 16th ISFL World Conference Amsterdam 27 July 2017
How many parents can one child have? The Low Countries’ approach to intentional multi-parent families
Prof. Ingrid Boone
16th ISFL World Conference
Amsterdam 27 July 2017

2. Overview Introduction
Legal position of persons involved in multi- parenting arrangements
III. Legal multi-parenthood
IV. Conclusion

3. Introduction

4. Introduction Artificial procreation
Parenting by single persons or same-sex couples
Separation of parenting from relationship parents
Children raised in two households
More than two intended parents

5. Intentional multi-parent families
Introduction
Intentional multi-parent families
Two-parent limit

6. Legal position of persons involved in multi-parenting arrangements

7. Legal position of persons involved in muti-parenting arrangements
Belgian law: legal parentage, adoption, parental responsibilities
Legal parentage
Max. two legal parents
Traditionally: parentage = blood ties
MAR: intention to become parent

8. Legal position of persons involved in muti-parenting arrangements
Legal parentage
MAR heterosexual couple: mother and father (donor excluded)
MAR single woman: mother, no (legal) father
Same-sex partners:
Adoption (2006)
Co-motherhood (2015): mother and co-mother, no (legal) father

9. Legal position of persons involved in muti-parenting arrangements
B. Adoption
Strong adoption
Simple adoption:
Adoptive parents in addition to original parents
Transfer of parental responsibilities to adoptive parents
Adoption by stepparent: original parent + spouse/partner (adoptive parent)
Example:

10. Legal position of persons involved in muti-parenting arrangements
C. Parental responsibilities
Legal parents automatically hold parental responsibilities
Joint exercise
Rights and duties cannot be shared with other person
Example:

11. Legal position of persons involved in muti-parenting arrangements
C. Parental responsibilities
Non-legal parent = third party
Legal consequences:
Right and duty to care
Financial support
Residence
Important decisions; decisions about child’s civil status
Administration of child’s property and representation
Contact
Practical problems

12. Legal muti-parenthood

13. Legal multi-parenthood
Belgium: Exploratory report on multi-parenthood (Senate, 2015)
The Netherlands: Multi-parenthood recommendation issued by Government Committee on the Reassessment of Parenthood
Report “Child and Parents in the 21st Century” (2016)
68 recommendations

14. Legal multi-parenthood
The Netherlands: Multi-parenthood recommendation (Government Committee on the Reassessment of Parenthood)
Equal protection as child raised in family unit with one or two legal parents
Continuity of parent-child relationship
Improvement of child’s factual and legal situation

15. Legal multi-parenthood
The Netherlands: Multi-parenthood recommendation (Government Committee on the Reassessment of Parenthood)
Agreement between intended parents
Multi-parenthood contract prior to conception
Birthmother, genetic parent, life companions
Max 4 parents, 2 households
Court approval
Deeds of acceptance of Parenthood
Registration on birth cerficate
Custody rights

16. Legal multi-parenthood
The Netherlands: Multi-parenthood recommendation (Government Committee on the Reassessment of Parenthood)
Comments:
Dutch Minister of Justice: positive
Public conference (Februari 2017): mainly positive
Children (8-14 y) growing up in intentional multi-parent families

17. Conclusion

18. RETHINKIN_
Rethinking legal kinship and family studies in the Low Countries Scientific Research Network of the Research Foundation Flanders