Les couples homosexuels et l'enregistrement de leur union: rapprochement avec les couples hétérosexuels et recherche comparative internationale.

FDR De bescherming van fundamentele rechten in een integrerend Europa ou

What First, What Later? Patterns in the Legal Recognition of Same-Sex Partners in European Countries

Among the 21 European countries surveyed for the LawsAndFamilies Database (www.lawsandfamilies.eu), there is a clear trend (fortified by European law) of offering same-sex couples the opportunity to formalise their relationship as marriage and/or as registered partnership, and of attaching more and more rights and responsibilities to the informal cohabitation, the registered partnership and/or the civil marriage of two people of the same sex. This chapter focusses on the timing of all these changes. In a five periods analysis, it establishes whether major partnership rights were extended to same-sex couples at the time of the introduction of registered partnership, or before, or at the time of the opening up of marriage, or between those two moments, or after the opening up of marriage. Thereby, and by calculating the same-sex legal recognition consensus among the countries surveyed for each of 26 selected rights, it finds nine typical sequences: Attitudes before rights; Rights before status; Bad-times rights before good-times rights; Responsibilities before benefits; Individual partner rights before couple rights; Partnership before marriage; Immigration rights among the first to be gained; Parenting rights among the last to be gained; Legal recognition before social legitimacy.</p

Introduction – LGBT Questions and the Family

The past decades have seen significant changes in the way non heterosexual sexualities are regulated in European countries. In a moment of ongoing transitions, the interdisciplinary research presented focuses on aspects related to homosexuals rights and the way LGBT individuals deal and perceive the impact that the presence (or absence) of laws has on their intimate lives.The evolutions in family rights in European laws and the balance towards equal rights, whether you are homosexual or heterosexual, are first detailed with an analysis of typical sequences found in a legal survey.Demographic analyses enrich these aspects in dealing with registration and parenting. Statistical analyses of same-sex partnerships and same-sex marriages show frequencies of registration together with a focus on parenting linked to the partnership status.In the next chapters, same-sex families are specifically studied in their daily life in France, Iceland and Italy through qualitative data. It investigates from a legal point of view and from a social perspective, what is at stake in the changing life of homosexuals in the field of parenting, what brings to everyday life the support of the law and what its absence implies.The Postface opens towards the future of LGBT research

Same-Sex Families Challenging Norms and the Law in France

Legal context has become more inclusive for same-sex couples in French society over the recent decade. It was not until 2013 that the marriage law was amended to allow same-sex couples to marry and adopt children. However, the law still lacks collateral parenting rights: access to ART and surrogacy are still illegal in France for same sex couples, and they must turn to foreign countries to access these rights. Consequently, same-sex parenting is a bit of a “makeshift job”, i.e., a legal and social grey area. This chapter analyses how lesbian and gay individuals deal with the law to “make” family, based on a series of in-depth interviews. The retelling of the procreation process they adopt and the story of their daily life as parents provide revealing examples of the different way they negotiate the legal and social obstacles they face. With many roads leading to parenthood, one key aspect of same-sex parenting is the legal recognition of the status and obligations to parent(s), whatever their gender, sexual orientation or number. The different same-sex families configurations challenge the certainties about the “right way to be parent” supported by the law, questioning the dominant and legitimate definition of the “normal” family

Summary of Key Findings from WP9: Policies and Diversity over the Life Course

This document summarizes the main findings from the research carried out in Workpackage 9, Policies and Diversity over the Life Course, within the FamiliesAndSocieties project. We present key results from our studies (1) on policies directed to young people at the transition to adulthood and self-sufficient living, (2) on preferences, usage, and consequences of parental-leave and fathers’ leave policies on family dynamics; (3) on the legal family formats for same-sex and/or different-sex couples in European countries, (4) on the emergence of private markets and issues of migration and care, and (5) on European Union family-policy initiatives. In our summary, we focus on policy-relevant findings and in particular on those of broader implications for policies, policy directions, and policy design in Europe at large. In concluding we summarize some of the core policy implications of our studies.See also www.familiesandsocieties.eu and www.lawsandfamilies.eu. Seventh Framework Programme (FP7)320116Effective Protection of Fundamental Rights in a pluralist worl

LGBT Desires in Family Land: Parenting in Iceland, from Social Acceptance to Social Pressure

More than 20 years ago, Iceland opened civil union to same-sex couples with its confirmed partnership law (staðfest samvist, 1996). Since then, the country has attained a high level of equality between same-sex and different-sex couples in the domain of family law, and the law has strong provisions against discrimination toward LGBT people. The increasing visibility and acceptance of LGBT people is raising questions about the social process of integration. LGBT people are confronted with heterosexual norms, a confrontation that is difficult to bypass. In this context, some may find that they are losing their identity. Iceland is a familialist society, and a key entry into the social acceptance of homosexuality has been through marriage and parenting. There is a clear gender gap in family-making. Lesbians have access to ART whereas adoption is scarcely available and surrogacy still illegal, reducing access to parenthood for gay men. However, in Iceland’s small LGBT community, parenting desire has increasingly become a reality for both females and males. Based on a survey consisting of 30 interviews, the paper studies how parenthood meets a wide range of personal desires, but also how it has become a normative pressure

Summary of Key Findings from WP9: Policies and Diversity over the Life Course

This document summarizes the main findings from the research carried out in Workpackage 9, Policies and Diversity over the Life Course, within the FamiliesAndSocieties project. We present key results from our studies (1) on policies directed to young people at the transition to adulthood and self-sufficient living, (2) on preferences, usage, and consequences of parental-leave and fathers’ leave policies on family dynamics; (3) on the legal family formats for same-sex and/or different-sex couples in European countries, (4) on the emergence of private markets and issues of migration and care, and (5) on European Union family-policy initiatives. In our summary, we focus on policy-relevant findings and in particular on those of broader implications for policies, policy directions, and policy design in Europe at large. In concluding we summarize some of the core policy implications of our studies.See also www.familiesandsocieties.eu and www.lawsandfamilies.eu. </p

Postface. After Legal Recognition

This postscript highlights the key features of this book, especially its combination of different approaches using legal, demographic and sociological analysis tools, and the comparative perspective that is present throughout. The approach is particularly useful, because the three disciplines that structure the book do not view same-sex families in the same way. Another strand in the book is a more direct reflection on marriage. While marriage has been the symbol of the recognition of sexual minorities in recent years, the book shows that it cannot fully embody it, and invites us to think “beyond marriage”. The last part of this postscript will suggest research themes that could usefully be investigated, provided that suitable tools are used – particularly the tools of quantitative sociology, since the social and scientific visibility of same-sex parenthood does not always mean statistical visibility

Diverse forms of union and the “Gender order”

International audienc