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  • International Survey of Family Law: 2011 Edition, The
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International Survey of Family Law: 2011 Edition, The


The 2011 survey, published on behalf of the International Society of Family Law

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The International Survey of Family Law is the International Society of Family Law’s annual review of developments in family law across the world.
The 2011 Edition covers developments in over 20 countries written by leading academics and family law experts. Each article is accompanied by a French language abstract.

The 2011 Review begins with a round-up of the major developments in the international arena, and is followed by contributions from a diverse selection of countries where there have been important developments in family law, including:
  • Marriage and Sexual Orientation in Argentine Law
  • Gender Mainstreaming in the Family Law of The People’s Republic of China
  • Adoption in Samoa
  • Matrimonial Property and its Contractual Regulation in Kazakhstan
  • Registered and Unmarried Partners in Denmark
  • Ten Years of Divorce Reform in Switzerland
Click here to find out more about the society and other editions of the survey.
  • Annual Review of International Family Law 2009
  • Argentina: Family, Pluralism and Equality: Marriage and Sexual Orientation in Argentine Law
  • Australia: ‘Reality is the Beginning …’ Australian Family Law in 2009
  • Belgium: Levering the Functioning of Families with Family (Self-) Governance?
  • Brazil and Portugal: Homoaffective Parentage in Relation to Medically Assisted Reproduction: a Parallel between Brazil and Portugal
  • Canada: Polygamy and Unmarried Cohabitation
  • China: Gender Mainstreaming in the Family Law of the People’s Republic of China
  • Denmark: Registered and Unmarried Partners in Denmark – Recent Legal Developments
  • England and Wales: This Child is My Child; This Child is Your Child; This Child was Made for You and Me – Surrogacy in England and Wales
  • France: Review of Family Law in 2010
  • Germany: Courts Strengthening Equality and New Ways in Cross-Border Matrimonial Property Questions
  • Hungary: How Cohabitants and Registered Partners Can or Cannot be a Child’s Legal Parents in Hungary with a Special View to the ‘Pater Est’ Principle for Cohabitants
  • India: Custom as an Important Source of Hindu Law: its Usage in International Family Migration
  • Kazakhstan: Matrimonial Property and its Contractual Regulation in Kazakhstan
  • The Netherlands: National and International Surrogacy: an Odyssey
  • New Zealand: Discretion, Status and Money: the Essence of Family Law in New Zealand
  • Norway: Equal Parenthood: Recent Reforms in Child Custody Cases
  • Samoa: Adoption and ‘Vae Tama’ in Samoa
  • Scotland: ‘The Easing of Certain Legal Difficulties’: Limited Legal Recognition of Cohabitation under Scots Law
  • Serbia: Inheritance Rights of a Surviving Spouse under Serbian Law
  • South Korea: The Adoption System of Korea and its Problems
  • Switzerland: Ten Years Divorce Reform in Switzerland
  • United States: Constitutional Rights of Parents and Children in Child Protective and Juvenile Delinquency Investigations
"a valuable resource"
Family Law
"fascinating reading; an important global snapshot for family practitioners"
New Law Journal
"An essential publication for anyone with an interest in the international aspects of family law"
"a fascinating account of the legislative direction of various jurisdictions and is an invaluable research tool"

Sample extract of the preface, taken from International Survey of Family Law 2011:

Family law is no longer the simple study of the rules relating to marriage and
divorce, with a few issues relating to children thrown in. That model is now
long gone, if it ever really existed. In its place, the word ‘diversity’ rings much
more truly, perhaps even more so if we say ‘cultural diversity’. Family forms
have changed and, for the most part, no longer is there the stigma that used to
attach to non-marital relationships and same-sex couples.

Previous editions of the International Survey have explored these issues. This
edition does so even more, especially as countries, most notably in the Western
world, grapple with changing social phenomena. In some instances we find
that marriage has been extended to same-sex couples. However, this is
sometimes the beginning rather than the end of the matter, for this may raise
other legal questions which have not properly been addressed. In some
countries changes have been made to the law relating to unmarried couples
without extending it to same-sex couples. Another major area of debate is how
all of this affects parenting. This is especially acute where a same-sex couple
intends to do the nurturing of a child.

The latter touches on another legal problem, viz surrogacy. How should the law
treat two gay men who have used a surrogate in order to have a child of ‘their
own’? There are questions of status, immigration, and financing, not to
mention the law on surrogacy itself. In short, as we scan developments in
different parts of the world, we find very little international consensus. Caught
in the middle is the child. As family lawyers how do we react? Let the market
decide? Enforce bans on surrogacy especially if it is used for profit? Put the
welfare of the child first? How do we decide what the welfare of the child is?
This edition covers many other important family law topics and I trust that it
will prove valuable for all readers.

General Editor

Professor Bill Atkin,
Victoria University of Wellington, New Zealand
Associate Editor (Africa)
Fareda Banda, Reader in the Laws of Africa, School of Oriental and African Studies, London

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