Legal Recognition of Same-Sex Relationships

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A01=Brian Tobin
ARTs
Assisted Reproductive Techniques
Author_Brian Tobin
Category=JPVH
Category=LAM
Category=LNMF
civil partnership
cohabitation
ECHR
eq_bestseller
eq_isMigrated=1
eq_nobargain
eq_non-fiction
eq_society-politics
European Convention on Human Rights
Marriage Act 2015
marriage equality
parental rights
regulation
surrogacy

Product details

  • ISBN 9781509952533
  • Dimensions: 156 x 234mm
  • Publication Date: 23 Feb 2023
  • Publisher: Bloomsbury Publishing PLC
  • Publication City/Country: GB
  • Product Form: Hardback
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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. Shortlisted for the 2024 SLS Margaret Brazier Prize for Outstanding Mid-Career Scholarship.
Brian Tobin is Associate Professor in Law at the University of Galway, the Republic of Ireland.

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