The Social Transformation of the Family and Its Impact on Filiation
Year: 2026
Type: book-chapter
Abstract: : The contribution analyses the recent transformation of the family by new acts in family law and by comparing the situation in Germany and in France. The new possibilities offered by recent family law reforms such as homosexual marriage, adoption for homosexual couples and gender change has completely changes the composition of the traditional family. The presentation deals with the impacts of recent laws on the composition of the family and children rights such as rights of other family members focusing on gender changes of married persons or parents. Profound changes in the organisation of family life are taking place in all Western societies. Beginning with the creation of the Civil Solidarity Pact (PACS) in France and continuing logically with the authorisation of marriage for all, the law must therefore also evolve in terms of filiation. These changes can be seen in many European countries, with mutual influence between them. German law is often quite progressive. Unlike in France, in Germany, profound changes in the conception of family law come from case law, particularly from the Federal Constitutional Court. In France, on the other hand, it is the legislature that is at the origin of these changes. The watchword of constitutional case law in Germany is the fundamental right of individual freedom.
Author: Stephanie Rohlfing Dijoux
Language: English
Topic: Family and Matrimonial Law
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: gold
OpenAlex ID: W7151103704