Breaking the Mold and Picking Up the Pieces: Rights of Parenthood and Parentage in Nontraditional Families

Abstract

The past few decades have shown us myriad ways to form a family. Married couples and their biological offspring no longer define the dominant model, nor do they constitute the majority of domestic arrangements. But while contemporary culture tends to applaud social diversity, we cannot be certain that novel, highly individualized family formation is always consonant with child well‐being. Further, courts and legislatures have been slow to acknowledge and accommodate domestic diversity. When judges and lawmakers do confer parental rights on a particular class of individuals, the results are not always equitable or even logical. The era of the traditional nuclear family may be past, but the task of legitimating, recognizing, and strengthening new parent–child bonds is just beginning. Key Points For The Family Court Community Even in light of its decreasing relevance, the nuclear family model continues to shape our perception of what a family should look like. The presence of a biological tie between parent and child is not always dispositive of parental rights. Despite the prevalence of nontraditional family forms, the notion of de facto parenthood continues to be hotly contested. Stepparent families are America's fastest growing domestic arrangement. Yet, courts and legislatures are slow to accord legal status to nonbiological coparents, whether married or cohabiting. The use of assisted reproductive technology is on the rise among same‐sex couples as well as infertile couples and single parents. These families are greatly in need of legal definition and validation in order to function and survive as families.

Nontraditional families, family attitudes, and relationship outcomes in emerging adulthood.

“…Concerning family structure, it should be noted that traditional families comprise a married heterosexual couple and their children. Traditional families find their place in a “complete institution,” protected by law, which clearly defines roles, rules, and expectations (DiFonzo & Stern, 2013). Nontraditional families find their place in “incomplete institutions,” offering greater flexibility in terms of roles, rules, and expectations (Horwitz & White, 1998; Lapierre-Adamcyk & Charvet, 1999).…”

“…Nontraditional families find their place in “incomplete institutions,” offering greater flexibility in terms of roles, rules, and expectations (Horwitz & White, 1998; Lapierre-Adamcyk & Charvet, 1999). However, their legal status is often contested (DiFonzo & Stern, 2013). Relative to previous studies (e.g., Valle & Tillman, 2014), the conceptual approach of nontraditional families used in this study was broadened to include not only the usual categories of divorced parents families and stepfamilies but also cohabiting parents (Mazur, 1999).…”

“…Relative to previous studies (e.g., Valle & Tillman, 2014), the conceptual approach of nontraditional families used in this study was broadened to include not only the usual categories of divorced parents families and stepfamilies but also cohabiting parents (Mazur, 1999). Cohabiting parents and their children have not received adequate attention in research (Cunningham & Thornton, 2007; DiFonzo & Stern, 2013), although they are now becoming more common. Accordingly, because rates of cohabitation and nonmarital childbearing have increased dramatically in recent decades (see Cunningham & Thornton, 2005 for a similar argument), their current levels of acceptance should be examined.…”