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6 - Fatherhood and Homosexuality

Published online by Cambridge University Press:  21 November 2019

Alice Margaria
Affiliation:
Max Planck Institute for Social Anthropology
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Summary

In this last jurisprudential chapter, the Court’s understanding of fatherhood is tested in what is possibly the most challenging domain: that of homosexuality. Historically, fatherhood and, more generally, parenthood have been inextricably linked to heterosexuality and heteronormativity. Apart from constituting a conventional feature of fatherhood itself, heterosexuality often represents a prerequisite for the existence of other conventional characteristics. As such, the image of homosexual men becoming fathers calls into question basic traditional assumptions about family life, gender and sexuality and, more specifically, departs from the conventional paradigm of fatherhood at multiple levels. First, despite the trend of providing some form of legal recognition to same-sex relationships mainly through civil partnership, the institution of marriage and, most importantly, the rights and benefits associated to it – for instance, adoption rights or access to ARTs – remain mostly reserved for heterosexual couples.

Type
Chapter
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The Construction of Fatherhood
The Jurisprudence of the European Court of Human Rights
, pp. 128 - 154
Publisher: Cambridge University Press
Print publication year: 2019

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  • Fatherhood and Homosexuality
  • Alice Margaria, Max Planck Institute for Social Anthropology
  • Book: The Construction of Fatherhood
  • Online publication: 21 November 2019
  • Chapter DOI: https://doi.org/10.1017/9781108566193.008
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  • Fatherhood and Homosexuality
  • Alice Margaria, Max Planck Institute for Social Anthropology
  • Book: The Construction of Fatherhood
  • Online publication: 21 November 2019
  • Chapter DOI: https://doi.org/10.1017/9781108566193.008
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Fatherhood and Homosexuality
  • Alice Margaria, Max Planck Institute for Social Anthropology
  • Book: The Construction of Fatherhood
  • Online publication: 21 November 2019
  • Chapter DOI: https://doi.org/10.1017/9781108566193.008
Available formats
×