Izvorni znanstveni članak
https://doi.org/10.25234/dosd/38877
PROPOSED REGULATION ON PARENTHOOD AND ITS POTENTIAL IMPACT ON FAMILY LAW OF THE REPUBLIC OF CROATIA
Ines Medić
orcid.org/0000-0003-4881-6298
; Pravni fakultet, Sveučilište u Splitu, Domovinskog rata 8, 21 000 Split, Hrvatska
Nikolina Tomaš
orcid.org/0009-0001-1271-3126
; Pravni fakultet, Sveučilište u Splitu, Domovinskog rata 8, 21 000 Split, Hrvatska
Sažetak
The establishment of a natural relationship between parents and a child is based on the biological fact of the child’s birth, whereas the legal relationship between a child and parents is based on various legal grounds, such as marriage, registered partnership, adoption, and similar institutions. In other words, parenthood is most often linked to certain family formations, although, there are exceptions. Historically, the traditional family structure (a heterosexual monogamous couple and their children) was considered the only acceptable family formation and consequently, the only formation deserving legal recognition and protection. In relation to parenthood, this protection has been reflected in the attribution of parenthood to those persons who are presumed to be the child’s genetic parents, so the legal protection of parenthood (in most cases) coincides with the protection of the parenthood of the presumed parents (the woman and her husband/heterosexual partner). However, over time, other forms of family formations (so-called alternative families) have also emerged, such as extramarital unions, families with adopted children, LGBTIQ+ families, families with children born through surrogacy arrangements, and multi-parent families, etc. The legal regulation of these family formations, and thus of parenting of children born into such families, differs significantly from country to country, even within the European Union itself. As legal parenthood constitutes a core element of civil status and is essential for a child’s identity and the exercise of numerous rights of a child, and discrepancies in national regulations in cross-border cases often lead to non-recognition of parental status and thus the “loss” of a child’s rights, in December 2022 the European Commission presented a Proposal for a Regulation on jurisdiction, applicable law, recognition of decisions and acceptance of authentic instruments in matters of parenthood and on the establishment of a European Certificate of Parenthood. The aim of this article is to present the aforementioned Proposal for a Regulation, to critically review the proposed solutions and the potential implications of the Proposal for Croatian family law.
Ključne riječi
cross-border parenthood; EU Regulation Proposal; international jurisdiction; applicable law; recognition and enforcement; European Certificate of Parentage
Hrčak ID:
343996
URI
Datum izdavanja:
30.12.2025.
Posjeta: 614 *