The limits of functional family: Lesbian mother litigation in the era of the eternal biological family

Millbank, J

The limits of functional family: Lesbian mother litigation in the era of the eternal biological family

Millbank, J

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Publication Type:: Journal Article
Citation:: International Journal of Law, Policy and the Family, 2008, 22 (2), pp. 149 - 177
Issue Date:: 2008-08-01

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Field	Value	Language
dc.contributor.author	Millbank, J https://orcid.org/0000-0002-8934-7945	en_US
dc.date.issued	2008-08-01	en_US
dc.identifier.citation	International Journal of Law, Policy and the Family, 2008, 22 (2), pp. 149 - 177	en_US
dc.identifier.issn	1360-9939	en_US
dc.identifier.uri	http://hdl.handle.net/10453/10474
dc.description.abstract	This article contends that a 'functional family' model falters in the context of lesbian and gay intra-family disputes. Functional family arguments have frequently been misused by birth-mothers in child-related disputes between separated lesbian parents. Moreover, functional family claims have been completely excluded from consideration in disputes between lesbian mothers and known sperm donors/biological fathers. I argue that the rise of fathers' rights movements and increasing emphasis on biological family gives both discursive and legal authority to essentialized, gendered and symbolic status claims made by biological parents, valorizing distant biological fathers over mother-led family units, and separated biological mothers over non-biological mothers. Finding that the functional family approach cannot usefully resist the current ideological climate, this article concludes with exploration of an alternative: framing a form of parental status for lesbian co-parents based on intentionality.	en_US
dc.relation.ispartof	International Journal of Law, Policy and the Family	en_US
dc.relation.isbasedon	10.1093/lawfam/ebn001	en_US
dc.subject.classification	Law	en_US
dc.title	The limits of functional family: Lesbian mother litigation in the era of the eternal biological family	en_US
dc.type	Journal Article
utslib.citation.volume	2	en_US
utslib.citation.volume	22	en_US
utslib.for	1801 Law	en_US
pubs.embargo.period	Not known	en_US
pubs.organisational-group	/University of Technology Sydney
pubs.organisational-group	/University of Technology Sydney/Faculty of Law
pubs.organisational-group	/University of Technology Sydney/Strength - HJ - Health Justice
utslib.copyright.status	open_access
pubs.issue	2	en_US
pubs.publication-status	Published	en_US
pubs.volume	22	en_US

Abstract:

This article contends that a 'functional family' model falters in the context of lesbian and gay intra-family disputes. Functional family arguments have frequently been misused by birth-mothers in child-related disputes between separated lesbian parents. Moreover, functional family claims have been completely excluded from consideration in disputes between lesbian mothers and known sperm donors/biological fathers. I argue that the rise of fathers' rights movements and increasing emphasis on biological family gives both discursive and legal authority to essentialized, gendered and symbolic status claims made by biological parents, valorizing distant biological fathers over mother-led family units, and separated biological mothers over non-biological mothers. Finding that the functional family approach cannot usefully resist the current ideological climate, this article concludes with exploration of an alternative: framing a form of parental status for lesbian co-parents based on intentionality.

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http://hdl.handle.net/10453/10474