ABSTRACT

Contemporary expressions of concern about the perceived decline of the family and urgings to return to ‘family values’ are firmly based in an ideology of family life which can be described as highly traditional and which revolves around a nuclear unit based in heterosexual marriage. From this traditionalist perspective, the institution of the family is seen to be threatened by the increasing diversity of family structures in society. Although lesbian and gay families form only one part of that diversity, the issues raised by them take on increasing significance and represent a direct challenge to the traditional and privileged orthodoxy of heterosexual family life. How far does increased social acceptance of lesbian and gay relationships extend to recognising them as family relationships-whether the family unit consists only of the adult partners or also includes children? This chapter focuses on the legal construction of family relationships and its exclusion of lesbian and gay families, seeking to offer a critical analysis of a legal perspective which is largely based on traditional ideologies of the family.