Faculty Scholarship

Families Redefined: Kinship Groups That Deserve Benefits

Charlene Smith

Document Type

Article

Publication Date

1-1-2009

Abstract

Charlene Smith, Families Redefined: Kinship Groups That Deserve Benefits, 78 Mississippi Law Journal 791 (2009). In Families Redefined: Kinship Groups that Deserve Benefits, the authors examine 1) the nature of kinship families, 2) the benefits accorded to married couples, 3) kinship families that lack protection and benefits, 4) the impact of denying kinship families protection and benefits, 5) the use of contract law in kinship relationships, and 6) using legislation to benefit kinship relationships. This exploration of expanding family law protections to kinship groups addresses a series of interrelated topics. The first two sections of the article explore the characteristics and creation of kinship families in different societies. The third section addresses the legal benefits provided by marriage, while the fourth and fifth sections examine, respectively, the types of kinship relationships that should have similar benefits and the effect of denying such benefits. The next two sections present legal solutions that propose using contract law and adopting legislation to provide legal protection and benefits to kinship units. Accordingly, the article advocates for the expansion of legal concepts of family to include kinship relationships by comparing the treatment of these issues in various states and nations. In this manner, the authors support a new definition of family that goes beyond conjugal arrangements.

Publication Title

Mississippi Law Journal

Publication Title (Abbreviation)

MissLJ

First Page

791

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