Family Law and Family Realities

Family Law and Family Realities: Introduction 1
Masha Antokolskaia

Part I Family Law and Family Realities: Overarching Themes

-Personal Autonomy and Legal Recognition of Sexual and Gender Diversity: The German Perspective 9
Nina Dethloff
-A Dialogue between Freedom of Religion and the Rights of Families 19
Isabella Nogueira Paranaguá Carvalho Drumond
-Changing Families and the Need for Policy to Protect Children 29
Linda D. Elrod
-Trends, Values, and Changes in Families and Family Law in the USA: Towards Realism, Idealism or Confusion? 47
Lynn D. Wardle

Part II Relationship Recognition: Responding to Family Diversity

-Does the Italian Civil Partnerships and Cohabitants Act n. 76/2016 Answer
Current Societal Needs? 65
Denise Amram
-The Certification of Marriages in African Pluralistic Legal Systems with Special Reference to Customary Marriages in South Africa and Zambia – A Case for Parallel and Decentralised Certification Systems 73
Chuma Himonga
-The Evolution of European Court of Human Rights Case Law on the Right to Family Life through its Milestone Judgments on Same-Sex Couples (2010-2018) 89
Dafni Lima
-Cohabitation Laws: Where Do We Go from Here? 105
Zanele Nyoni
-Legal Protection of Parallel and Polyamorous Families: A Long Way to Go 115
Hannetie Kiyono Koyama Sato
-Cross-Border Recognition of Same-Sex Formalized Unions in the Baltic States and the Challenge of Intersectionalizing Private International Law 123
Laima Vaigė
-Whenthe Bough Breaks –APostmodern Approach to Redefining Family Law to Protect Children’s Rights in Marriage Equality, Same-Sex Adoption and Religious Freedom Legislation 143
Crystal Welch and Melissa Joy Reger

Part III New Models of Parenthood

-Argentina’s Absence of Regulation of Surrogate Motherhood: A Case of Judicial Activism and Unforeseeable Consequences 161
Mercedes Ales
-The Japanese Gender Identity Disorder Act: Possible Amendment and Its
Implications for Family Law 169
Mai Ishijima
-The “Law in Context” for (Stepchild) Adoption in Same-Sex Couples: The Italian Models 187
Alessandra Pera
-Stepfamilies and the Law in Japan 203
Maia Roots
-Your Mum is not Your Mum?! Comments on a Custody Case Concerning Surrogacy in China 219
Lei Shi
-Assisted Reproductive Technologies: New Family Forms and Welfare of Offspring in Comparative Family Law 235
Gordana Kovaček Stanić and Sandra Samardžić

Part IV Family Relationships and Financial Obligations

-The Child’s Right to Maintenance: Criteria for Establishment of the Amount and Form of Maintenance in Lithuania 253
Inga Kudinavičiūtė-Michailovienė and Vitalija Šimkienė
-Marital Agreements: What’s Love Got to Do with it? Challenges and Possibilities of the Ex Contractu Conformation of the Patrimonial Effects of Marriage 269
Rute Teixeira Pedro
-Evidence-Based and Politics-Driven: Comparing Child Support Law Evaluations Across Welfare-State Models 285
Elizabeth Stuart Perry
-Is Post-Divorce Spousal Maintenance in Bulgarian Law Obsolete? 303
Dimitar Topuzov
-The Dissolution of Marriage: Law versus Real Needs 315
Cinzia Valente

Part V Regulating the Parent-Child Relationship When Parents Live Apart

-A Family Impact Analysis of the Proposed Children Proceedings (Parental Responsibility) Bill in Hong Kong 333
Yuk King Lau
-Parental Alienation, Contact Refusal and Maladaptive Gatekeeping: a Multidisciplinary Approach to Prevention of Contact Failure 349
Philip Marcus
-Growing Numbers of Parental Responsibility Agreements following Divorce Reform in Croatia 367
Branka Rešetar
-Legal Rules on the Exercise of Joint Parental Responsibility by Parents Living Apart: A Comparative Approach to the Law and its Impact on Bargaining Power 383
Kirsten Scheiwe

Part VI Protecting Children’s Rights and Interests: New Challenges

-“Vulnerable” Children, Cultural and Social Realities and Regulation: Moving Towards Early Intervention in New Zealand 403
Bill Atkin
-The Legal Impact of Article 3 CRC as a Corrective Remedy – Is Article 3 CRC to Youth Law What Article 8 ECHR Was/Is to Family Law? 421
Coby de Graaf
-Protecting Children Affected by Atypical Gender Identity Organization: A Comparative Legal Perspective 435
Elena Falletti
-Tell Me Your Surname and I’ll Tell You Where You’re From: Focus on the Negative Implications of Domestic Surname Policies on Minors with Dual Citizenship 451
Isabella Ferrari
-Legal Aspects and Parents’ Perception of the Protection of Children on the Internet in the Republic of Serbia 467
Nadežda Ljubojev, Dragana Glušac and Dragica Radosav
-Domestic Violence against Children: Legislation, Practice and Prospects in China 481
Ran Qiyu and Peng Wanran
-Perspectives on the South African Statutory Regulation of Child-Headed Households 497
J.A. Robinson and Ronelle Prinsloo
-Guardianship for Children: Challenges in the Context of Migration 511
Velina Todorova

Part VII Families and Care for Dependants

-Eldercare in Belgian Public and Private Law: Who Cares? 529
Elisabeth Alofs, Frederik Swennen and Anne-Sophie Vandenbosch
-Care for People with Disabilities in Italy: A Critical Analysis of Act 112/2016 on Assistance for People with Serious Disabilities Lacking Family Support 545
Letizia Palumbo
-Taking Care of Rain Man: Interaction between Parental Estate Planning and Disability Benefits 563
Veerle Vanderhulst