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Family Law

The leading authority on all aspects of family law

26 SEP 2011

The legal recognition of lesbian-led families: justifications for change [2009] CFLQ 197

This article assesses the need for and, in conclusion, justifies the integration of lesbian-led families into contemporary legal structures. Three key arguments are presented for incorporating these families within the law. The first rests on the premise that children, as individuals, are bearers of rights which the law must protect. On this basis, children have a right not to be discriminated against. The second argument relies largely on the social reality of lesbian-led families. It is argued that the proliferation of this family form demands that these children be accommodated under the umbrella of the relevant family law legislation. The final argument examines the purpose of family law and urges change on that basis. A subsidiary but essential theme running through these arguments is the relationship between children's rights and children's interests.

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