Alternative Family Structures and the Law

Abstract

The view that the protection of the family unit is essential for the public welfare has generated much offamily law. The family unit, to be accorded a legal status, has generally been restricted to the biological/legal unit initiated by a formal ceremonial marriage. Family units which deviate from this family norm have often met with discriminatory treatment by the legal order. This paper attempts to examine the legal consequences which ensue from some alternative types of family formation. The past decade has witnessed a proliferation of variant and experimental marriage styles and family forms. This growing pluralism in family structures has been characterized by ever-increasing numbers of Americans seeking fulfillment through the implementation of alternative life styles. These individuals have turned their backs on the conventional family unit and have gone in search of more meaningful social relationships in new family structures. The search for alternatives to the existing social structure is based on a fundamental questioning of society's values. The underlying belief of many of these individuals is that our present form of marriage and family organization is fundamentally inadequate to meet human needs. The Counter Culture and women's liberation are two social movements which have greatly contributed to the recent proliferation of alternative family styles. Alternative family forms appear to offer members of the Counter Culture a more ecological use of resources, a rejection of