Some considerations on the best interests of the child in determining parentage Cover Image
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Câteva consideraţii privind respectarea interesului superior al copilului în stabilirea filiaţiei
Some considerations on the best interests of the child in determining parentage

Author(s): Cristiana-Mihaela Crăciunescu
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: filiation to the mother; paternity; the best interest of the child; parents; natural filiation; medically assisted procreation;

Summary/Abstract: The protection of the child through the regulations of Romanian law is focusing around the principle of the child’s best interest, which must be at the basis of all decisions concerning them. However, the notion of the child’s best interest cannot be clearly defined, and the interpretations it receives are quite diverse, both depending on the issue in which the decisions are being made, as well as the experience and perspective of the court resolving the cases. Despite this fact, the interpretations that this principle receives in different areas of regulation and law enforcement require a certain coordination, in order to give unity and predictability to the approach of such a sensitive issue as the one regarding the child’s situation. With respect to the extremely wide and important range of aspects regarding the establishment of filiation, the application of the principle of the best interest of the child constitutes a very important and frequently encountered challenge in practice. And more often than not, guardianship courts issue different solutions, not always positive ones, that provide clear guidelines to apply this principle, so that they ensure the most beneficial outcomes for children.

  • Issue Year: 2024
  • Issue No: 01
  • Page Range: 106-122
  • Page Count: 17
  • Language: Romanian
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