How the changing concept of the family affects the child

Abstract

Being raised within a secure family has been viewed historically as the best forum, in which children can thrive, but the forms that families take have been subject to rapid change over the last few decades. The rules of filiation are set up with a view to mimic 'natural ' filial relationships even where, in reality, a biological link between adult and child might not exist. There is the expediency of establishing filial relationships along with attendant rights and obligations on the basis of marriage of the parents, especially in the absence of proof of biological ties. In an era that has proved fraught in maintaining father- child relationships, local and European Court Judges have been faced with an overwhelming amount of paternity proceedings. In the particular context of assisted reproduction, the ambiguous role of genetics and biology in establishing father - child relationships becomes unclear. In this regard I cite the U.K. Human Fertilisation and Embryology Act 1990 for understanding law's location of parenthood where children have been conceived through assisted reproduction. Highlighting factors determining parental status, namely, biological connections, the intentions of the partners (and participants in assisted procreation arrangements), and social relationships formed with the children produced by such arrangements. Potential difficulties with relying on these factors are identified and provide a basis for my recommendations when Maltese legislation will be enacted in this regard. Same sex parenting by means of assisted reproduction or by means of adoption is a development that is gaining significant recognition throughout the EU. Analysing these trends from a palpable children's rights perspective mainly I cite the English position and European Court judgements. I question whether extending the right to 'found a family' in homosexual partners is in harmony with the 'child's best interest' principle. Ultimately this thesis aims at safeguarding children's rights in view of contemporary family practices gaining momentum throughout the EU.