Abstract
The international mobility of individuals requires legal orders to adjust their jurisprudence and legal practice. The evolution of family law oscillates between internationalization and protection of national identity. This phenomenon is particularly striking in Europe, where individuals enjoy the right to move and reside freely within the European Union and where family law is influenced by the European Court of Human Rights and the Court of Justice of the European Union.
The state reduces its authority to comply with new requirements and gives individuals more power to create their own family bonds. Many questions arise around the legal recognition of same-sex unions and parentage based on the “parental project” and not on a biological link.
Nevertheless, the power of individuals may be limited and controlled by the state in order to respect the traditional concept of family and the best interests of the child. Legal systems implement various measures to balance different values and resist pressure to change. The concept of international public policy is sometimes used to prevent the legal effects of surrogacy. However, when these strategies are insufficient, legislative intervention may be necessary.
This essay exposes those challenges taking mainly the example of French law and referring to certain aspects of Belgian, Spanish, Italian and Polish legal systems. The increased interaction between national laws and international standards demonstrates both the flexibility and the resistance of national legal systems
Recommended Citation
Sylwia Castillo-Wyszogrodzka,
Flexibility and Resistance of Family Law in France and Other European Countries in the Context of the Internationalization of the Family and of Family Law,
62
Idaho L. Rev.
212
(2026).
Available at:
https://digitalcommons.law.uidaho.edu/idaho-law-review/vol62/iss2/2
First Page
212
Last Page
231