Când copiii au copii. O succintă analiză a parentalităţii la vârsta minoratului
When children have children. A brief analysis of underage parenthood

Summary/Abstract: Conceiving a child during minority shakes not only the social relations but the judicial system also, which sees itself faced with the need to strike a proper balance between conserving and developing the family life between the minor child and his or her child and the landmarks of parental authority, which was conceived having as a premise the civil capacity of the parent. In the current paper, we aim to analyze how the Romanian legislator has managed, or not, to find this balance, and, more so, the judicial status in the existing judicial framework of the parent who lacks civil capacity. Thus, we briefly sketched the correlation between civil capacity and parental authority in a primary section. Then, we have focused on the general judicial regime of the parent who lacks civil capacity, provided by Article 490 of the Civil Code, underlining mainly the challenges it presents when having to be applied in conjunction with other judicial concepts and norms, but also the different hypotheses that may be identified and their implications. The next section is dedicated to the special judicial regime of minor mothers, provided by Law no. 147/2020, in regards to which the multiple shortcomings of the normative act were highlighted, but also, briefly, their final implications. In the end, we have concluded that conceiving a child before the parent is entitled to civil capacity significantly shakes the judicial system. Still, the effect is not due to the fact itself, but rather to the lack of a coherent vision of the legislator in this matter.

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