Towards a Gender-Inclusive Belgian Parentage Law?: A Multidisciplinary Analysis on the Position of Homosexual Couples and their Children

Abstract

Belgian parentage law has historically been rooted in a traditional heteronormative framework. While the Act of 5 May 2014 granted legal parentage rights to the female partner of a birth mother, homosexual male couples remain excluded from similar legal recognition. They must still rely on adoption or surrogacy, both of which pose significant legal uncertainties. This contribution examines whether such disparities are tenable and explores possible solutions.