Rethinking Law’s Families and Family Law

Edited by Frederik Swennen, Full Professor of Family Law, Elise Goossens, Assistant Professor of Civil Law in Context and Tine Van Hof, Guest Professor and Postdoctoral Researcher, Faculty of Law, University of Antwerp, Belgium

Contents
1 A window on the paradigm shifts in contemporary family law 1
Frederik Swennen, Elise Goossens and Tine Van Hof
PART I IN SEARCH OF NEW CALIBRATION POINTS
2 The place of ‘family’ in family law 21
John Eekelaar
3 Reviewing the CEFL’s attempts to harmonize European
family law 33
Nigel Lowe
4 From kinship to ‘careship’: in search of a new concept in
family law 50
Veerle Vanderhulst
5 Identity values in conflict between adults and minors 68
Amalia Diurni
6 The tension between competing rights in a ‘repugnant
market’: reproductive self-determination, abortion and
social stigma in the Italian health care system 84
Alessandra Pera
7 Surrogacy, dignity and the resulting new families:
a comparative analysis 104
Giada Cascio and Nicoletta Patti
PART II RECALIBRATING FAMILY LAW ON ADULTS
8 Closing the gap between family life and family law in the
United States through legal recognition of nontraditional
adult relationships 121
Sally F. Goldfarb
9 Adult relations of love and beyond: what legal recognition
and protection do they need? 139
Nina Dethloff and Felix Leven
10 Law and friendship: principles, projections and paradoxes 156
Daniel Monk
11 Division of care for parents between children: a Belgian
case study 175
Renate Barbaix and Damiaan Leire
PART III RECALIBRATING FAMILY LAW ON
PARENTS AND CHILDREN
12 A genderless family law for gender-fluid families?
Parentage rules and the right to gender identity 193
Giulia Binato
13 How should family law recognize social parenthood? 212
Jakub Pawliczak
14 A children’s rights approach to family reunification in the
context of internal displacement in Africa 232
Charissa E. Fawole
15 Children’s informational privacy and ‘digital parenting’ in
the US and Italy: a cleavage in the Western legal tradition? 252
Biagio Andò and Cinzia Valente
16 Rethinking parental responsibility in light of children’s
fundamental rights in the digital age 270
Margot Musson