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ENGLISH COURTS' TREATMENT OF THE CHILDREN OF SAME‐SEX COUPLES
Author(s) -
Cobb Stephen
Publication year - 2010
Publication title -
family court review
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.171
H-Index - 4
eISSN - 1744-1617
pISSN - 1531-2445
DOI - 10.1111/j.1744-1617.2010.01324.x
Subject(s) - donor insemination , context (archaeology) , family law , child custody , welfare , law , psychology , same sex , sociology , criminology , political science , developmental psychology , history , artificial insemination , pregnancy , genetics , archaeology , biology
This article reviews the historical approach of the English Courts to the children who are raised in same‐sex households; it discusses the very recent reformation of attitude of the courts, and of the legislators, to such family arrangements, and it examines the current attitude of the English Courts. The article considers how the courts have struggled historically to apply ordinary welfare principles in the different context of homosexual parenting, and discusses the complex inter‐play of family relationships when children are born into same‐sex families through donor insemination. The article discusses the ongoing challenges for the courts in dealing with cases of this kind.