A comparative view on registered partnerships and formal family recognition beyond marriage

Research output: Contribution to journalJournal articleCommunication

Abstract

In many jurisdictions, social change and recognition of relationships beyond marriage brought with it the introduction of registered partnership regimes. This contribution describes the different structural approaches that were taken and the reasons for taking them. Then the impact of the advent of same-sex marriage on those structures is examined, with a deeper analysis of the rather curious path that England and Wales took. The contribution concludes with some thoughts on what comparative law could and should contribute to the reform debates in this area of law.
Translated title of the contributionEt sammenlignende syn på registrerede partnerskaber og formel familieanerkendelse ud over ægteskabet
Original languageEnglish
JournalRevista da Faculdade de Direito da Universidade do Porto
Issue numberAno XVII-XVIII, 2020-2021
Pages (from-to)477-495
Number of pages18
ISSN1645-1430
Publication statusPublished - 2022

Bibliographical note

This contribution is a updated version of a paper published under the same title
in (2019) 6 Journal of International and Comparative Law 273-286. It builds on
several previous publications, including Jens M. Scherpe, “The Past, Present and
Future of Registered Partnerships”, in Jens M. Scherpe and Andy Hayward (eds.),
The Future of Registered Partnerships — Family Recognition Beyond Marriage?
(Intersentia, 2017) 561-586 and Jens M. Scherpe, “Family Law, Ideology and the Recognition of Relationships: R (Steinfeld and Keidan) v Secretary of State for International Development” in Daniel Clarry (ed), The UK Supreme Court Yearbook,
Volume 9: 2017-2018 Legal Year (Appellate Press, 2019, pp. 150-173).

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