Vonk Machteld
Molengraaff Institute for Private Law, University of Utrecht, The Netherlands.
Int J Law Policy Family. 2004 Apr;18(1):103-17. doi: 10.1093/lawfam/18.1.103.
In recent years much attention has been paid to the equal treatment of same-sex couples in the Netherlands. This led to the introduction of registered partnerships in 1998 and culminated in the opening of marriage to same-sex couples on 1 April 2001. But what of the children being raised or growing up in these registered partnerships and marriages? How much attention has been paid to their rights to equal treatment? Since 1998 the Dutch government has taken a number of measures to give more legal protection to same-sex families and their children. However, the regulations introduced for this purpose turn out to be rather incoherent and do not yet guarantee full equality, in particular for the children concerned. This article discusses the problems that may occur in practice and suggests possible solutions in the context of a specific case that recently came before the Dutch courts which concerned a lesbian couple who had met a man willing to donate his sperm, on the condition that he could be involved in the child's life in the background and be known as the child's father. The dispute centred on the question of which two of these three adults were entitled to become the legal parents of the child.
近年来，荷兰对同性伴侣的平等待遇给予了诸多关注。这导致1998年引入了注册伴侣关系，并最终于2001年4月1日向同性伴侣开放婚姻。但是，在这些注册伴侣关系和婚姻中抚养或成长的孩子呢？他们的平等待遇权利得到了多少关注？自1998年以来，荷兰政府采取了一系列措施，为同性家庭及其子女提供更多法律保护。然而，为此目的引入的规定结果却相当不连贯，尚未保证完全平等，特别是对于相关儿童而言。本文讨论了实际中可能出现的问题，并结合荷兰法院最近审理的一个具体案例提出了可能的解决方案。该案例涉及一对女同性恋伴侣，她们遇到了一名愿意捐赠精子的男子，条件是他可以在幕后参与孩子的生活，并被称为孩子的父亲。争议集中在这三个成年人中哪两个有权成为孩子的法定父母这一问题上。
