Izvorni znanstveni članak
https://doi.org/10.25234/dosd/39110
HAS THE LAW PROTECTION GOAL OF THE PROCEDURE FOR REPLACING CONSENT FOR THE ADOPTION OF A CHILD BEEN ACHIEVED?
Slađana Aras Kramar
orcid.org/0000-0002-8908-775X
; Pravni fakultet, Sveučilište u Zagrebu, Trg Republike Hrvatske 14, 10 000 Zagreb, Hrvatska
Sažetak
The Family Act of the Republic of Croatia from 2015 prescribes a non-contentious court procedure in which the consent to the adoption of a child that should be given by the child’s parent or guardian, is replaced by a court decision. The introduction of this special court procedure was justified by the need to strengthen the right to be heard of all participants with a legal interest, and, more generally, by the necessity of prescribing judicial protection and its procedural guarantees as more appropriate, given that adoption constitutes a significant interference with the Convention right to family life. The non-contentious court procedure for replacing consent to the adoption of a child has also been recognised as a gradual step towards transferring jurisdiction over adoption proceedings to the courts, a reform that has already been implemented in Slovenia among Croatia’s neighbouring countries. The substantive legal grounds on which parental consent may be replaced by a court decision partially overlap with those governing the non-contentious court procedure for the deprivation of parental caare rights as a measure of family-law protection. Accordingly, under the doctrine, the procedure in which the consent of the parents to the adoption of a child is replaced by a court decision is referred to as a summary procedure for the deprivation of parental care rights. The aim of the paper is to discuss certain theoretical and implementation-practical issues of the procedure for replacing consent to the adoption of a child. In this context, the parties to the procedure will be analysed, and, related to that, procedural guarantees of the right to be heard, the evidentiary procedure, judicial decisions, and legal remedies. In discussing the procedural aspects of replacing consent to the adoption of a child by a court decision, account is taken of novelties at the normative level, the circumstance of the adoption of the Non-Contentious Procedure Act of the Republic of Croatia from 2023 as a general source of non-contentious procedure, (modest) case law and appropriate solutions of German and Austrian non-contentious law and procedure.
Ključne riječi
consent to child adoption; parent; guardian; non-contentious procedure; Family Act; Non-Contentious Procedure Act
Hrčak ID:
348161
URI
Datum izdavanja:
23.6.2026.
Posjeta: 0 *