Modele familiale non tradiţionale în arhitectura Codului civil român. Despre (in)toleranţă normativă şi socială

Rezumat

In the universe of the Romanian Civil Code, beyond the “hint” of modernism that “feels” and excites at times, we must note with regret that in family matters the vision is pronouncedly conservative, with no normative openings for non traditional family models. Thus, apart from marriage between a man and a woman, the Civil Code does not allow any other form of marriage or registered partnership, either between persons of the opposite sex or between persons of the same sex.
The traditionalist pattern seems to have been partly overcome in the area of filiation. In addition to the classic patterns reserved for natural filiation, non traditional family models have been included in the architecture of the Civil Code, revolving around the child conceived through medically assisted human reproduction with a third party donor, for the first time in Romanian law provisions dedicated to this matter have been established. On the other hand, there are no special provisions dedicated to surrogacy, although agreements on carrying a pregnancy for another person can be found in Romanian notarial practice.
We believe that the Romanian legislator cannot remain inert in the face of current social, ethical, scientific, etc. (r)evolutions, since law is nothing but the product of an era that influences and shapes it.