In the Name of the Father: The Paternal Function, Sexuality, Law and Citizenship

Loading...
Thumbnail Image
File version

Version of Record (VoR)

Author(s)
Baron, Paula
Griffith University Author(s)
Primary Supervisor
Other Supervisors
Editor(s)
Date
2006
Size
File type(s)
Location
License
Abstract

The purpose of this article is to examine the notion of legal paternal responsibility from the perspective of psychoanalytic theory. In psychoanalysis, a privileged place is accorded to the father, both in the emergence of the subject and in the symbolic order itself. This privileged position, however, flows not from the person of the father but from the performance of what Lacan terms the "paternal function". Taking up this idea, the article considers the recommendations relating to legal paternity contained in the recent New Zealand Law Commission Report New Issues in Legal Parenthood. In particular, the article challenges the proposition that legal paternity should automatically flow from genetic fathering. The article argues that the assumption that there is or should be an inherent and natural link between genetic fathering and the responsibilities of legal parenting is fundamentally misconceived; will often discriminate against women, and, in particular, lesbian parents; and may be in conflict with the best interests of the child.

Journal Title

Victoria University of Wellington Law Review

Conference Title
Book Title
Edition
Volume

37

Issue

2

Thesis Type
Degree Program
School
Patent number
Funder(s)
Grant identifier(s)
Rights Statement
Rights Statement

© The Author(s) 2006. The attached file is reproduced here in accordance with the copyright policy of the publisher. For information about this journal please refer to the journal’s website or contact the author(s).

Item Access Status
Note
Access the data
Related item(s)
Subject

Law

Persistent link to this record
Citation
Collections