Original scientific paper
https://doi.org/10.31141/zrpfs.2024.61.154.499
Legal Protection of Family Life in the Context of Foster Care
Ana Radina
orcid.org/0000-0002-3549-4122
; University of Split, Faculty of Law
Abstract
Although there is no universally accepted definition of “family” or “family life”, it can be
considered generally accepted that these terms are not limited exclusively to persons connected
by biological kinship. Both of these concepts, at the international and European level, also include
foster parents, i.e., foster families. This research is primarily focused on examining the approach of
the European Court of Human Rights to the possibility of creating and protecting family life in the
context of foster care. Even though this Court provides protection for various forms of close personal
ties, including those that develop between a foster parent and a foster child, the very purpose and
nature of foster care, as well as the reasons and method of establishing a foster relationship, lead to
the conclusion that there must be certain differences in comparison to the family life of biological
parents and their children starting from the modality of their origin. Namely, the family life of
the biological family can be considered as given, while in the foster family, family ties need to be
“built”. The aim of this paper is to identify the conditions of the creation of family life between a
foster parent and a foster child, as well as the content and scope of the legal protection of the foster
parent’s right to family life in the jurisprudence of the Court. Also, the author considers the question
of the child’s representation by the foster parent in proceedings before the Court as well as the issue
of the instrumentalization of foster care for the purpose of legitimising illegal acts. The conclusions
to which this research refers should be de lege ferenda guidelines for governments regarding the
approach to regulating the relationship between foster parents and foster children.
Keywords
family life; conditions of the creation of family life; the right to protection of family life; foster parents; foster care
Hrčak ID:
324471
URI
Publication date:
20.12.2024.
Visits: 993 *