Review article
https://doi.org/10.31141/zrpfs.2025.62.157.463
The Position of a Child Between Primary and Foster Families in the Republic of Croatia
Matko Guštin
orcid.org/0000-0002-4577-0856
; Pravni fakultet Sveučilišta Josipa Jurja Strossmayera u Osijeku
Abstract
Every child has the right to live in a family that provides security and stimulating conditions
for growth and development. When adverse circumstances result in the separation of a child from
the primary family, the most adequate form of alternative care that ensures a family environment
is, as a rule, placement in a foster family. The measure of separating a child from their family
demands necessity, which means that, in accordance with the principle of proportionate and mildest
intervention in family life, no other, milder measure can protect the child’s well-being. Placing a
child in a foster family also implies implementing appropriate measures in relation to the primary
family, which makes it an active participant in resolving any difficulties that arise. This also
demonstrates the role of social work with the family, which enables the child’s return to a safe
family environment or adoption, as an ultima ratio. Foster care results in child’s “being divided”
between two families, so that from a legal perspective, foster parents provide daily care for the child,
while parents generally exercise parental care in the remaining part, that is, personal relationships
with the child, and, above all, represent the child. This divide often results in difficulties in the
practice of foster care. To achieve one of the goals of foster care – the return of the child to the
primary family (if this is in accordance with the best interests of the child), the Croatian legislator
balances the child’s position between the two families, guided by the principle of the best interests
of the child. The aim of this paper is to present the position of a child between the primary and foster
families in the Republic of Croatia. The author therefore analyzes the provisions of the Foster Care
Act and the Family Law Act, mechanisms of social work with families, available statistical data and
reports related to foster care, and the significance of adoption in the case of long-term foster care. In
conclusion, de lege ferenda guidelines are provided to improve foster care for children in Croatia.
Keywords
separation of a child from their family; foster care; child; primary family; return of the child to the primary family
Hrčak ID:
340171
URI
Publication date:
30.9.2025.
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