Parental Rights in Diverse Family Contexts: Recent Advancements in Law

Abstract

The concept of parental rights has undergone significant transformation in response to the evolving structure of families in contemporary society. Traditional legal frameworks that once prioritized biological and marital ties are increasingly being re-examined to accommodate diverse family contexts, involving single-parent households, same-sex parenting, blended families, adoption, and surrogacy arrangements. Recent legal advancements emphasize the recognition of non-traditional caregivers, the paramount interest of the child, and the protection of children’s rights within pluralistic social structures. This paper investigates the progression of parental rights through statutory reforms, landmark judicial decisions, and international human rights frameworks. It also highlights the challenges posed by cultural, ethical, and jurisdictional variations in defining parenthood, while exploring emerging trends in legal recognition of diverse family forms. Through three important pathways—permissive parenting, authoritarian parenting—avoidance of the child's negative emotions—father self-efficacy, and authoritative parenting—acceptance of the child's negative feelings significantly influenced the mental health issues of children in an indirect manner. A small number of variation in children's mental health issues was explained by our model.  The results emphasize the importance of parenting attitudes for clinicians who provide mental health care for children and promote the promotion of father self-efficacy through parenting therapies.