Same-Sex Families Challenging Norms and the Law in France

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1 janvier 2020

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info:eu-repo/semantics/openAccess , http://creativecommons.org/licenses/by/




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Matthias Thibeaud, « Same-Sex Families Challenging Norms and the Law in France », Archined : l'archive ouverte de l'INED, ID : 10.1007/978-3-030-37054-1_5


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Legal context has become more inclusive for same-sex couples in French society over the recent decade. It was not until 2013 that the marriage law was amended to allow same-sex couples to marry and adopt children. However, the law still lacks collateral parenting rights: access to ART and surrogacy are still illegal in France for same sex couples, and they must turn to foreign countries to access these rights. Consequently, same-sex parenting is a bit of a “makeshift job”, i.e., a legal and social grey area. This chapter analyses how lesbian and gay individuals deal with the law to “make” family, based on a series of in-depth interviews. The retelling of the procreation process they adopt and the story of their daily life as parents provide revealing examples of the different way they negotiate the legal and social obstacles they face. With many roads leading to parenthood, one key aspect of same-sex parenting is the legal recognition of the status and obligations to parent(s), whatever their gender, sexual orientation or number. The different same-sex families configurations challenge the certainties about the “right way to be parent” supported by the law, questioning the dominant and legitimate definition of the “normal” family.

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