Original scientific paper
Some open Questions of the Recognition of Parenthood in the Republic of Slovenia
Barbara Novak
orcid.org/0000-0002-2673-6994
; Faculty of Law, University of Ljubljana, Ljubljana, Slovenia
Abstract
A number of legal rules for determining parenthood introduced some thirty years ago, turned out in the light of the decision of the Slovene Constitutional Court of 2007 as inadequate. Inadequate are the rules for challenging the recognised parenthood which are not shaped as subjective terms. They limit the claimant’s right to know his parenthood and disregard the moment when the claimant was able to lodge his claim. Constitutionally questionable are likewise the rules principally excluding the right of determining the parenthood, or allowing this right in a very limited way. Particularly insufficient are the provisions about the nature of the recognition of paternity and the mother´s consent. Totally unsatisfying and unusable for recognition of maternity are the rules following the rules of the recognition of paternity.
Keywords
parenthood; establishing parenthood; challenging parenthood; recognition of parenthood; presumption of paternity
Hrčak ID:
191512
URI
Publication date:
22.12.2017.
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