adoption rights in light of current Constitutional Court case law: An analysis the further development Austria

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Bol The main focus of this work is on the family and the relationships between parents and their children. The 'classic' concept of the family - mother, father, child - is no longer a given today. Society and the family system are in a state of constant change. Divorce, cohabitation outside of marriage and the desire of homosexual couples to have children are now an integral part of society. This paper ties in with these changes and examines the further development of the legal situation from the perspective of adoption. For example, since 2013, same-sex couples have been able to become parents through artificial reproduction or adoption. The 'new' form of cohabitation in the form of a 'patchwork family' has also been taken into account in case law. What all these developments have in common is that the de facto family, i.e. the social relationships between parents and children, is becoming increasingly important, while the purely biological connection is becoming less and less significant.

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Beschrijving (1)

The main focus of this work is on the family and the relationships between parents and their children. The 'classic' concept of the family - mother, father, child - is no longer a given today. Society and the family system are in a state of constant change. Divorce, cohabitation outside of marriage and the desire of homosexual couples to have children are now an integral part of society. This paper ties in with these changes and examines the further development of the legal situation from the perspective of adoption. For example, since 2013, same-sex couples have been able to become parents through artificial reproduction or adoption. The 'new' form of cohabitation in the form of a 'patchwork family' has also been taken into account in case law. What all these developments have in common is that the de facto family, i.e. the social relationships between parents and children, is becoming increasingly important, while the purely biological connection is becoming less and less significant.


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