Is co-parenting permitted by law?

Is co-parenting permitted by law?

As a new form of family, co-parenting is becoming a new way to enlarge the family. This is a common and complex structure that concerns all sexual orientations and is present all over the world, or at least in Western countries. Like any other family, the one based on co-parenting seeks to provide the happiness of being part of a well-cared-for and well-supported family circle. But does it have the same legal status as traditional families? In order to obtain an answer to this question, it is necessary to understand what co-parenting is and what its legal value is.

Co-parenting in general

How does it look like?

The concept of co-parenting is the same as sharing a child’s responsibility without having to form a couple. Both parents, united by their duty, take care of the child mutually and the custody is shared according to the agreements made at the beginning of the co-parenting arrangement. Each co-parent assumes his or her role and intervenes in the baby’s education, all while protecting the child’s best interests.

Before embarking on a co-parenting arrangement, both parents anticipate in a contract the resolution of any disagreements. Everything that may be a source of conflict and also the solutions to any problems can be found there. As a result, the risk of disputes over custody and financial obligations rarely arises. In such cases, the arrangement is made mutually as is the case with conventional parents.

Who can resort to co-parenting?

Anyone who wishes to have a baby without wanting to commit to a conjugal life or to take full care of the child has the possibility to participate in a co-parenting arrangement. The latter can be mixed and involve a homosexual couple on one side and a single person on the other.

Under this concept, the two co-parents are only related by their common child. Two adults of different sexual orientations, preferably single, will form two co-parenting partners who will be designated as mixed. As for homosexual co-parenting, it involves two same-sex couples: a gay couple and lesbian partners. Based on the same principles as the previous forms, this approach invariably puts the child at the center of the relationship.

Same-sex parenting: what does the legislation say?

The rights of both legal and social parents

Co-parenthood is the result of a social transformation and seems to be in a phase of recognition. There is no law preventing this new form of family, as long as the child has no more than 2 parents. Since the child may have more than 2 co-parents, same-sex co-parenting is not subject to any legislative barriers. Only the two biological parents are in a position to legally care for their offspring, with their respective partners being mere contributors to the child’s upbringing. 

According to the law, only those who participated in the conception are entitled to be included in the child’s birth certificate. If necessary, they will also be able to make important decisions for their son or daughter. This right does not, however, prevent the social co-parents from taking care of their spouse’s child in the usual way, provided that they contribute to the well-being and serve the best interests of the child.

The law concerning co-parenting agreements?

It is customary to see the co-parents make a contract in order to better regulate their partnership. However, these agreements are exclusively binding on the parents and have no legal value. If a problem arises, neither of them is protected by the law. Any decision related to conflict management puts the child’s best interests first. However, the legislation does not prevent the conclusion of a co-parenting contract, it is even preferable to do so in order to better allocate responsibilities.

Another form of co-parenting: post-separation co-parenting

Taking place after the parents’ separation, this form of co-parenting arises from the willingness to assume responsibility, despite the disagreements. In this case, the law intervenes in each procedure involved and imposes agreements intended to serve the child’s best interests.

Whether it is a question of alternating custody, vacation days or other obligations, the court determines the agreement between the two parties. However, the law is based on the request of each parent and considers each proposal before rendering a verdict. Unlike the chosen co-parenting arrangement, the one caused by divorce is regulated by legislation and in each of the stages, the co-parents act in compliance with the law.

The child’s best interests in a co-parenting environment

Although co-parenting between two unmarried people is the result of a desire to have a baby, it puts the child’s best interests above everything else. Agreements on shared custody, joint management regarding education, are signed taking into account the well-being of the child. Among divorced people, we witness a similar pattern in terms of protecting the child. This concern about the happiness of the children makes co-parenting a beneficial environment for the child.

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