INTRODUCTION
Even as the branches of law grew more defined, family law has remained a relatively new field but continues to be a prominent and important area of study. Family law deals with the establishment, improvement, and ending of divisions in families and relates to numerous subjects that impact an individual and society in general. Family law is not limited to aspects that focus on rules and legal requirements only; it is much more practical because of the sense of society and culture since these elements have values and customs. Fundamentally, family law concerns itself with the formality of relationships, the functions and positions of the members of the family, and the positions of vulnerable people in the family. Family law clarifies the status of individuals in families and deals with marriage, divorce, child custody, adoption, and inheritance affairs. Such laws forbid discrimination against any family member and protect their rights. The most significant aspect of family law is its capacity to satisfy the following values, as society’s norms and standards are constantly changing. With the changes comes a need for changes in family law. For these reasons, family law is a constantly developing field, never remaining stagnant, as legal concepts are often relooked upon and modified according to the current demands of families.
MARRIAGE
Traditionally, marriage is the legal joining of two individuals, after which a pronouncement on the marriage is made and vows are exchanged. It is also understood as a social structure that reshapes the way life is experienced. Nevertheless, social structures, religions, and systems of law all change with time and enhance the scope of what can be accepted as marriage. One of the main legal challenges concerning marriage relates to the very essence of marriage as an institution. Historically, marriage has been understood as the union of a man and woman only. However, this definition has encountered opposition in some countries, especially concerning the inclusion of same-sex marriages. Therefore, removing the barriers to same-sex marriage has emerged as one of the most exciting new trends in family law on the grounds of equality and non-discrimination. In India, it was in its judgment in Navtej Singh Johar v. Union of India (2018) that the Supreme Court decriminalized consensual homosexual acts, thereby enabling the conversation of legalizing same-sex marriages despite controversies surrounding it. One other pertinent issue associated with marriage is the legal conditions and the steps necessary for one to enter marriage. These include minimum ages, agreements, and provisions for ceremony observance, among others. In most places, discussions about the minimum age for marriage are contentious, especially concerning banning child marriages and protecting children. The Prohibition of Child Marriage Act, 2006 in India, for example, establishes the age at 18 years for women and 21 years for men to prevent child marriage and possible abuse of minors.
DIVORCE
It is a termination of matrimony that is recognized through a decree of the court, thus making it possible for the parties to marry other people. The laws about divorce are quite different in between and among various places due to cultural and religious theories as well as legal provisions. The foremost concern in divorce in ascertaining the permissible offences or reasons is the reasons or grounds upon which a divorce will be granted by a court of law. The usual reasons that are canvassed by parties seeking divorce are soldering, infidelity, mistreatment, abandonment, and broken unions, which can never be mended. According to the provisions of the Hindu Marriage Act of 1955, separation is allowed in some instances, such as harassment, abandonment, and changing religion. The ‘irretrievable breakdown of marriage’ clause has also been adapted, wherein a spouse does not have to be at fault for the marriage to end and where the marriage is over. Consideration of divorce implications, as to payments like alimony, and division of property fall into critical considerations. Alimony refers to funds or property given to a spouse residing with children after a divorce so that they can sustain their lives. The rules associated with alimony entail the amount and time over which the payment is made. When a competitive legal system prevails within a society, one tends to see a distinction of authority between statutes and judges, as is the case with alimony in India. The issue of child custody is always another bone of contention in divorce cases. The most paramount of these facts is the welfare of the child, and the courts will usually do all that is possible to ensure that the well-being of the child is obtained. Some of the arrangements that may be utilized are joint custody, sole custody, and visitation rights. Such developments have created space for significant parental involvement and marriage even after divorce; hence, alternating custody arrangements.
SURROGACY
Surrogacy as a form of assisted reproduction is an area of family law that has caused great controversy. In this respect, surrogacy involves a woman bearing a child to which she has no legal or social ties, foisting regulation over the assisted reproduction techniques. Among other things, surrogacy also adds new legal questions to the already existing set of questions, primarily concerning civil law and family matters. The question of whether a surrogacy agreement can be enforced is central to the issue of surrogacy. Most jurisdictions do not accept surrogacy agreements as enforceable documents, and many allow the surrogate mother to keep the child even if the agreement is to the contrary. This can create conflicts between the surrogate and the adoptive parents, especially when the surrogate changes her mind about the child after giving birth to him or her. Due to the Surrogacy (Regulation) Act, 2021, in India, commercial surrogacy is unequally permitted for altruistic purposes, subject to severe restrictions as to who may be a surrogate and who may undertake such a surrogate. As much as it is appreciated, there comes another key area that has to do with the legal status of the child born after surrogacy. In certain circumstances, the intended parents will encounter barriers when attempting to obtain legal parentage; this may be common with international surrogacies. Matters of citizenship, nationality, and even the child’s rights issues may come into play and prove challenging for legal recognition of the parent-child relationship. The Surrogacy Act and the Assisted Reproductive Technology (Regulation) Act, 2021, in India address some of these matters within their provisions by giving and enabling proper procedures to be followed in assisted reproduction and surrogacy, respectively. In addition, surrogacy is not free of ethical issues as well, which is especially true for commercial surrogacy where a woman is paid for carrying a child. The critics highlight that when it comes to commercial surrogacy, money is often the only interest, and this creates a risk of abuse of such vulnerable women as many poor women are. Instead, supporters of surrogacy argue that surrogacy enables people and couples who cannot give birth naturally to have children and that such abuses can be avoided with necessary guidelines.
CONCLUSION
Family law is an important legal subject area because of its influence and relevance in human relations. It regulates issues arising from such institutions as marriage or divorce, surrogacy, and adoption, affecting the lives of individuals and families. Following changes in society, family law also changes; hence, there is a need for continuous adjustment to changes in social norms, ethics, and technology. The marriage, divorce, and surrogacy debacle of law illustrates the tension of family law on the one hand protecting individuals while on the other hand attending to the needs of family institutions. It concerns the legal recognition of new forms of marriages the legal processes of divorce and all that comes with it. It also concerns the regulation of the practice of surrogacy about its ethical and legal issues. Family law does help to create the environment in which families function. In very layman’s terms, family law cannot be regarded merely as laws, statutes, or legal provisions; rather, it exists in values that society abides by. Therefore, with the changes in these values, family law will not be an exception. We need to address the situation on every level and in every family without enabling discrimination, injustice, or inequality.
Author(s) Name: Siddhi Patil (University Of Mumbai)
