法律,血液和监护权:性少数群体的母亲和异性规范性
Emilie Biland1, Joanie Bouchard2, Kévin Lavoie3
1Center for the Sociology of Organizations, Sciences Po, Paris, France.
Journal of homosexuality
|April 24, 2024
概括
在北克省,法律承认两个母亲,促进了共同监护权. 然而,持久的异常规范观点影响了同性伴侣的监护安排,影响了非生育母亲.
科学领域:
- 家庭法 家庭法
- 法律社会学 法律社会学
- 在LGBTQ+研究研究.
背景情况:
- 2002年,北克实现了两位母亲的合法生育平等.
- 同性伴侣在家庭法中面临着独特的挑战,特别是在分居后.
研究的目的:
- 分析分离的双母亲夫妇中的角色重新定义.
- 检查法律专业人员如何为这些家庭制定监护权.
主要方法:
- 与17位母亲和23位法律专业人士进行了半结构化采访.
- 对实物监护安排的法庭记录进行分析.
主要成果:
- 法律承认两个母亲鼓励共同养育和共同的身体监护权.
- 异常规范的偏见仍然存在,重视出生母亲和性别的父母角色.
- 法律专业人士可能会将"父亲"的角色分配给非出生母亲.
结论:
- 尽管法律平等,但异性规范性影响了同性伴侣的监护权决定.
- 对LGBTQ+问题的专业缺乏经验和根深蒂固的法律规范造成了差距.
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