Pregledni rad
A CHILS'S RIGHT TO KNOW HIS OR HER ORIGIN
Josipa Đurđević
orcid.org/0000-0002-9270-9767
; studentica Stručnog upravnog studija Pravnog fakulteta u Osijeku
Sažetak
This paper aims at a systematic analysis of family law norms governing establishment and contestation of maternity and paternity to protect the child's right to know his or her origin. By determining the origin of a child the family-legal (status) parent-child relationship has been established. In that sense, this paper different mechanisms of enforcement of a child's right to know who his parents are, to enjoy their care and to enjoy rights and obligations arising from the parent-child family relationship. The analysis is conducted into the presumption of motherhood and paternity, paternity recognition procedures, procedures for establishing and challenging maternity and paternity by a court decision. The paper also discusses in detail the role and actions of the Centre for Social Welfare, registrar and other authorities involved in the process of establishing or challenging the child's right to origin. Special emphasis has been put on the analysis of the legal position of a child in proceedings for establishing or challenging their origin. The purpose of this analysis is a final assessment of the compliance of the Croatian law with the requirements of legal protection of a child related to the role of the Croatian legislator implementation of the UN Convention on the Rights of the Child. The paper deals with issues arising in Croatian case law and in some comparative systems due to incomplete regulations. The results of the analysis point to the effective protection of the child's right to know his or her own origin in Croatian law, based on a coherent system of substantive and procedural rules, but also on the need to conduct further research in this area as referred to in the concluding part of the paper with an argumentative explanation.
Ključne riječi
the child's origin; maternity; paternity; establishment; challenge
Hrčak ID:
241266
URI
Datum izdavanja:
13.7.2020.
Posjeta: 7.347 *