{"title":"Families of choice with no choice: remarks concerning the situation of families of choice in Polish law","authors":"Marlena Drapalska-Grochowicz","doi":"10.1093/lawfam/ebad005","DOIUrl":null,"url":null,"abstract":"\n This article focuses on the situation of families of choice in Polish law. The first research objective was to determine whether and how parenting in families of choice is regulated by law. To achieve this goal, the author analysed appropriate statute and case law, taking into account the sociological and psychological background of family relationships. The second objective was to find legal and non-legal factors affecting the current situation of families of choice in Polish law. Then it was assessed whether it is possible to provide court protection to the families of choice in the process of applying current regulations. This article shows that although the Polish legislator considers family life an important value, it is restricted to a specific understanding of family. Neither the Polish legislator nor the legal discourse recognize the needs of the families of choice, and the chances of changing the current situation are small.","PeriodicalId":51869,"journal":{"name":"International Journal of Law Policy and the Family","volume":" ","pages":""},"PeriodicalIF":0.9000,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"International Journal of Law Policy and the Family","FirstCategoryId":"90","ListUrlMain":"https://doi.org/10.1093/lawfam/ebad005","RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q3","JCRName":"FAMILY STUDIES","Score":null,"Total":0}
引用次数: 0
Abstract
This article focuses on the situation of families of choice in Polish law. The first research objective was to determine whether and how parenting in families of choice is regulated by law. To achieve this goal, the author analysed appropriate statute and case law, taking into account the sociological and psychological background of family relationships. The second objective was to find legal and non-legal factors affecting the current situation of families of choice in Polish law. Then it was assessed whether it is possible to provide court protection to the families of choice in the process of applying current regulations. This article shows that although the Polish legislator considers family life an important value, it is restricted to a specific understanding of family. Neither the Polish legislator nor the legal discourse recognize the needs of the families of choice, and the chances of changing the current situation are small.
期刊介绍:
The subject matter of the International Journal of Law, Policy and the Family comprises the following: - Analyses of the law relating to the family which carry an interest beyond the jurisdiction dealt with, or which are of a comparative nature - Theoretical analyses of family law - Sociological literature concerning the family which is of special interest to law and legal policy - Social policy literature of special interest to law and the family - Literature in related disciplines (such as medicine, psychology, demography) which is of special relevance to law and the family - Research findings in the above areas, reviews of books and relevant reports The journal has a flexible policy as to length of contributions, so that substantial research reports can be included.