Family Life and Family Interests: A Comparative Study of the Influence of the European Convention on Human Rights on Dutch Family Law and the Influence of the United States Constitution on American Family Law

The purpose of this comparative study is three-fold. Firstly, it offers an analysis of and a comparison between the application and interpretation of Article 8 (often in conjunction with the anti-discrimination principle of Article 14) of the European Convention of Human Rights and the application and interpretation of the Due Process and Equal Protection Clauses of the Fourteenth Amendment of the United States Constitution, in particular with regard to family law. Secondly, it compares and analyzes the answers to the specific questions regarding circumstances under which a legal parent-child relationship may be established and by whom, as described under Dutch (Chapter 4) and Californian, New York and Texas Law (Chapter 5). Thirdly, it compares and analyzes the compliance with and influence of the European Convention as reflected in family law by the Dutch Supreme Court and the compliance with and influence of the US Constitution as reflected in family law decisions, and filiation law in particular, by the courts in California, New York and Texas.