When is a family not a family?
November 2, 2012 1:44 PM Subscribe
Are the mother and father of a child in a family relationship with one another if they are not married and not partners in any way except as co-parents?
posted by londongeezer to law & government (12 answers total) 1 user marked this as a favorite
The mother and father are both the biological parents of the child and its legally registered parents on its birth certficate. They had a sexual liaison that resulted in the mother's pregnancy and the birth of the child. They have no interest in getting married or otherwise instituting a relationship as a couple. The sole basis of their relationship with one another is as co-parents of their child, and they are collaborating to bring the child up. Can it be argued that the mother and father are in a family relationship to each other? If so, on what grounds?
YANML and TINLA but I am interested in the legal ramifications of this question particularly with regard to the European Human Rights Act and the right to family life enshrined in it and further specifically in regard to UK immigration law. However, I would also be very interested in knowing whether this question has arisen and been dealt with in jurisdictions other than the UK and EU and what the arguments and rulings were.
I would also be interested in broader philosophical input into this question. On what grounds in 2012 might it be argued that the mother and father are in a family relationship?