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What Family Law for Europe?

What Family Law for Europe?

Author: Katharina Boele-Woelki; Maarit Jänterä-Jareborg
Publisher: Larcier Intersentia Publishers
ISBN: 9781839705489
Published In: July 2025
Format: Paperback
Jurisdiction: Belgium ? Disclaimer:
Countri(es) stated herein are used as reference only

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In what ways does contemporary European family law respond to evolving societal dynamics and the growing imperative to uphold human rights? This volume addresses this question by taking a crossnational, comparative approach, presenting research that examines how family law norms are shaped across Europe. The publication stems from a landmark scholarly conference held in Stockholm in October 2024 — the first of its kind to bring together a wide network of family law scholars and research groups from across Europe. In the spirit of enhancing a transnational dialogue and mutual understanding, several of the most pressing legal issues are identified and analysed using refined methodological approaches.

The transformation of parent-child relationships, particularly in relation to new forms of assisted reproductive technology (ART), with a focus on the interests of the child (to be born) and shifting definitions of legal parentage
The legal recognition of gender and new forms of adult relationships, including non-romantic and community-based arrangements
Enhancing legal protections against domestic violence with a particular focus on safeguarding the rights and well-being of children

This volume contributes to the development of a more coherent and principled European family law system, based on comparative research and shared normative principles. It provides an invaluable source of inspiration and reference for academics, legal professionals and policymakers dedicated to advancing family law in an evolving Europe.

PART I. INTRODUCTION

The Enigma of Family Law Cooperation in Europe

Maarit Jänterä-Jareborg

Academic Commissions and Expert Groups in the Field of Family Law in Europe

Katharina Boele-Woelki, Wendy Schrama, Masha Antokolskaia, Salla Silvola, Elisabeth Hartley, Jens M. Scherpe, Frederik Swennen

PART II. THE SUCCESS STORY AND FUTURE OF NORDIC FAMILY LAW COOPERATION: UNITED OR SEPARATE ACTORS?

Nordic Family Law: Historical Overview of Nordic Cooperation in Academia

Ingrid Lund-Andersen

Child Law in the Nordic Countries: Principles and Present Challenges

Hrefna Friðriksdóttir

Future Nordic Cooperation in Substantive Family Law: What? Why? How?

Tone Sverdrup

PART III. REVISITING THE CEFL PRINCIPLES OF EUROPEAN FAMILY LAW AND REQUESTS FOR REFORM IN EUROPEAN JURISDICTIONS

Comparison as a Method in the Work of the CEFL

Dieter Martiny

Revisiting the CEFL’s Principles of European Family Law: An Evaluation

Nigel Lowe, Cristina González Beilfuss

The Way Ahead: Parent–Child Relationships, New Forms of Adult Relationships and Protection from Domestic Violence

Nina Dethloff, Barbara Novak, Felix Leven

PART IV. A CHALLENGE OF OUR TIME: BALANCING BETWEEN AUTONOMY AND PROTECTION OF VULNERABLE ADULTS AT INTERNATIONAL, EUROPEAN AND NATIONAL LEVEL

Comparative Family Law by FL-EUR: First Results and Working Method on Vulnerable Adults

Masha Antokolskaia, Wendy Schrama, Tim Wuyts

The Human Rights Paradox and the Practical Challenges of Cross-Border Adult Protection

Katja Karjalainen

PART V. ASSISTED REPRODUCTION TECHNIQUES, ETHICS AND THE RIGHT TO KNOW ONE’S ORIGINS

Balancing the Child Right to Know in Europe: Current Views of the Committee on the Rights of the Child

Velina Todorova

The Spanish Law on Artificial Reproductive Technology: A Troublemaker or a Frontrunner?

Jordi Ribot Igualada

Synthetic Human Embryos, Artificial Wombs, in vitro Gametogenesis, and Other (Reproduction) Technologies: Do We have the Laws and Regulations We Need for these Brand New Ways to Make Babies?

Nils-Eric Sahlin

PART VI. LEGAL GENDERS AND IDENTITIES IN A EUROPEAN PERSPECTIVE

Legal Genders and Identities from a Nordic and German Perspective

Jens M. Scherpe

Legal Genders and Identities in Former Sovietised European Jurisdictions

Laima Vaige

Legal Gender Recognition in Southern European Countries

Paula Tavora Vitor

Legal Genders and Identities: Internal Disharmony in the United Kingdom

Jane Mair

PART VII. FINAL REFLECTIONS AND SUMMARY

Charting the Future of European Family Law