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Adoption at the crossroads of interests of adoptive parents and adoptees

Dubravka Hrabar ; Pravni fakultet Sveučilišta u Zagrebu, Zagreb, Hrvatska

Puni tekst: hrvatski pdf 153 Kb

str. 1107-1139

preuzimanja: 3.235



Adoption is an institute which protects in the best way the interests of children deprived of parental care and enables them to fulfill their right to family life. The (revised) draft of the European Convention on the Adoption of Children introduces certain innovations, some of which are welcome because they offer better protection of adopted children and greater transparency of the adoption institute itself. Its impact on Croatian family law will be reflected in the need to define more clearly the necessary characteristics of an adoptee (e.g. free marital status), the consent to adoption and the age of adoptive parents. We still believe that the family law provision according to which unmarried couples and same-sex couples are not allowed to adopt a child is a better solution with respect to the protection of the welfare of children. The Convention lists the requirements to adopt again which, in the same way as those on the suspension of the proceedings, differs considerably from Croatian administrative law regulations, and will require normative adaptation. Special attention is paid to the problem of secrecy of adoption and anonymity of birth which are contrary to the child's right to know his or her parents granted by the Article 7 of the Convention on the Rights of the Child. Greatest caution should be expressed in submitting reservations to the ratification of the Convention and the resulting changes of legislation in order to fully protect adopted children in order to carry out the key principle expressed by Article 3 of the Convention on the Rights of the Child on “the best interests of the child”.

Ključne riječi

adoption, Convention on the Rights of the Child, European Convention on the Adoption of Children (Revised), secret adoption, anonymity of birth

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