The legal definition of "parent" is based on the biological relationship between a child and their parents. In many countries around the world, it is assumed that a child has two genetically related parents who are married to each other. This assumption perpetuates the idea that men and women must be together in order to have children and raises heteronormative values.
This definition can also create challenges for same-sex couples who want to become parents through adoption or surrogacy. These laws reinforce the idea that children need both a mother and father figure and exclude nontraditional families from parenthood.
These laws may force single parents to go through additional legal hoops to gain custody of their children, which can be financially and emotionally draining. Legal recognition of parenthood allows individuals to provide financial support and care for their children without worrying about losing them due to divorce or other circumstances. It also gives them access to educational benefits and health insurance coverage. To dismantle heteronormativity, laws should recognize diverse family structures as valid forms of parenthood, such as co-parents, foster parents, and grandparents raising grandchildren.
There are some ways that laws regulating parenthood can work against heteronormativity.
Some countries allow unmarried couples to share parental responsibilities, regardless of sexual orientation. This provides opportunities for nontraditional families to raise children without facing discrimination. Laws should continue to evolve to reflect changing social norms regarding family structures, including more options for becoming a parent outside of traditional marriage. The idea of "parent" should be broadened beyond biology to include people who provide emotional and physical support for children.
We should acknowledge that gender is not binary and encourage flexible approaches to parenthood that accommodate all genders and identities.
How do laws regulating parenthood reinforce or dismantle heteronormativity?
Laws regulating parenthood are deeply entrenched within cultural ideals of "the family" as a unit consisting of a married man and woman and their biologically related children. This is called "heteronormativity. " The assumption that all families should be composed of this specific type of arrangement has led to laws that favor those who meet this standard.