De Facto Parents and the Unfulfilled Promise of the New Principles

Abstract

Alternative families - those that do not fit the classic nuclear family model - have been the focus of legal reform over the last twenty years. The American Law Institute has produced model legislation recognizing de facto parents as holders of some limited rights. To some this is a more flexible regime that would benefit non-nuclear families, in particular lesbian families. This article critiques the ALI draft, demonstrating that its promise is largely illusory.

Keywords: lesbian family law, family law, child custody, parenthood, parentage

JEL Classification: K10, K19