Family Ties

Whether in ABC’s “Modern Family” or the recent film “The Kids are Alright,” pop culture reflects an increasing heterogeneity of the family unit—a fact that current U.S. law fails to recognize. The rule that a child can have at most two legal guardians is antiquated and should change to recognize the complex family structures that exist today.

The law, which now limits the number of parents to two, represents a Western conception of the family unit that is not standard across cultures. Many traditions feature a closeness of kin that may put other relatives, often grandparents, in parent-type roles, and the law should accurately recognize this intimate connection.

Moreover, the law as it stands is unwieldy, particularly in the case of divorce. In such situations, it is common for a new parental figure to enter the equation. Preventing that new figure from certain rights or pushing out the biological parent can lead to a contentious upbringing for the child. Given the prevalence of divorce in the U.S., and 40 percent of divorces involve couples with children, a failure to adjust for this situation is socially irresponsible.

Another increasingly common circumstance that ought to be treated with more flexibility is the case of sperm donations and adoptions in which a third party or parent remains a significant player in the raising of the child. Fortunately, two 2007 cases—one in Ontario and one in Pennsylvania—resulted in sperm donors receiving full parental status and custodial rights, respectively. However, this is not typically true. Without adjustment, unconventional-family disputes could result in outcomes detrimental to a child’s upbringing.

Some critics have expressed concerns that legal and logistical headaches will undoubtedly arise if the law recognizes multiple guardians. However, if the end result of the inclusion of more parents benefits the child’s well being by guaranteeing that child a caregiver and sustaining a connection between parent and child, it is well worth the added legal complications.

Others argue that children will now find themselves acquiring any number of parents simply because adults can legally gain this status. However, we do not expect any such influx to occur, as the notion of a parent remains serious and brings with it significant financial and familial responsibilities. We instead expect the vast majority of children to maintain just two parents, with the law allowing flexibility for more parents in situations that warrant it.

It is unfortunate that the law has not yet changed to mirror the realities of children’s lives and instead relies on an antiquated, arbitrary notion that misses the nuances present in the modern-day family. Whether due to divorce or cultural customs, adoption or in vitro fertilization, the family unit of today is complex, and a child should not be harmed because of America’s resistance to acknowledging that fact.