ABSTRACT
Poly relationships, in which three or more consenting adults share in an intimate or familial-like association, are increasing in number and visibility throughout the United States. Because these relationships are still considered culturally and legally taboo, criminalization and civil prohibitions force those in poly relationships to operate outside of the regulatory and norm-shaping function of traditional marriage laws. This leaves poly adults to rely on religious doctrine, customary traditions, or modern ideologies to shape the content and function of their multi-party relationships. Poly families often employ private and contractually based solutions to protect and distribute their assets and regulate their interactions, where default family laws rules dare not tread.
To formulate solutions for how to regulate and democratize multi-party relationships in an egalitarian manner, scholars continue to turn to economic theories and business entity models for inspiration in the domestic and marital setting. This Article explores the structural functionality and internal mechanics of poly relationships in order to craft a contractual, private solution for poly adults. This Article’s novel argument is that poly adults can use a third party beneficiary contract as a means to self-regulate and stipulate benefits for other adults and parties involved in the relationship. The third party beneficiary contract model not only promotes the larger scholarly movement for the increase of contracts and private ordering in intimate associations, but also more closely represents how many practicing polys structure their relationships today and still allows for the necessary contractual flexibility.
Faucon, Casey, Third Parties with Benefits (August 15, 2023), Stanford Journal of Civil Rights and Civil Liberties, volume 17, no 185, 2021.
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