The Legal Recognition of Same-Sex Relationships: Emerging Families in Ireland and Beyond

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Brian Tobin (National University of Ireland, Galway)

The Legal Recognition of Same-Sex Relationships

Emerging Families in Ireland and Beyond

Brian Tobin (National University of Ireland, Galway)

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English

Hart Publishing
22 August 2024

Human rights; Comparative law; Family law: same-sex partnership

This book analyses the key issues affecting same-sex families in Ireland and beyond today: marriage; formalised and non-formalised same-sex relationships outside of marriage; parental rights for same-sex couples with donor-conceived or surrogate-born children; and the protections afforded to same-sex families under European human rights law.

It critically examines the Irish and Australian citizen-led approaches to achieving marriage equality, which made Ireland and Australia the first and second countries in the world, respectively, to extend the institution of marriage to same-sex couples on foot of a popular vote.

It analyses the pragmatic and symbolic effects of civil partnership, which was the premier means of formalising same-sex unions in Ireland. Ireland’s hurried ‘divorce’ from civil partnership in the aftermath of marriage equality is examined in light of evidence from the U.K. indicating that this mode of relationship recognition remains popular with both same-sex and opposite-sex couples in that jurisdiction.

The book goes on to consider the legal position of same-sex couples who are parenting children born via assisted reproductive techniques (ARTs) like donor-assisted human reproduction (DAHR) and surrogacy.

Finally, it looks at the impact (or lack thereof) of the European Convention on Human Rights (ECHR) as regards the protection of same-sex relationships, marriage and parental rights for same-sex couples. It does this to determine what is required of Ireland and other states party to the ECHR to comply with European human rights obligations when it comes to legally recognising couples, and parents, of the same sex.

By: Brian Tobin (National University of Ireland Galway)
Imprint: Hart Publishing
Country of Publication: United Kingdom
Dimensions: Height: 234mm, Width: 156mm, Spine: 25mm
Weight: 454g
ISBN: 9781509952571
ISBN 10: 1509952578
Pages: 224
Publication Date: 22 August 2024
Audience: College/higher education , Primary
Format: Paperback
Publisher's Status: Active

Brian Tobin is Lecturer in Law at the University of Galway, the Republic of Ireland.