Open AccessThe Legal Status of the Biological Father in the Case of Multiple Paternity: A European Comparative Analysis
Author(s) -
Arkadiusz Wudarski,
M. V. Ulianova
Publication year - 2022
Publication title -
lex russica/lex russica (russkij zakon)
Language(s) - English
Resource type - Journals
eISSN - 2686-7869
pISSN - 1729-5920
DOI - 10.17803/1729-5920.2022.182.1.147-163
Subject(s) - balance (ability) , context (archaeology) , ideal (ethics) , law and economics , balance of interests , family law , human rights , sociology , political science , best interests , law , psychology , geography , archaeology , neuroscience
The modern development of social relations and reproductive technologies has brought new questions and actualized interest in the situation of plurality on the father’s side. The problem that needs to be resolved is the search for a balance of interests of interested persons with a discrepancy between biological and legal paternity, taking into account the rights of the child, the search for an optimal solution. A European researcher focused on the ideal family model drew attention to the fact that it often does not correspond to social reality, which creates problems and does not always serve the interests of the child. The extension of the rights of the biological father is also considered in the context of legal protection of the sense of quality of life. The purpose of this work is to identify and study the rights of the biological father, to find a balance of interests and rights in the relations developing in the family sphere. The authors identified the interests of the parties, determined the objective rights of interested persons, determined the limits of the exercise of the rights of the biological father to establish paternity in the absence of a registered marriage with the mother of the child. Conclusions are drawn about the trends in the development of legal regulation, the need to maintain a balance of interests of persons in modern real relationships, taking into account the interests and rights of the child. It is noted that the identified problems are characteristic of different states; legal regulation based on a single presumption in different states has differences in the details and variants of behaviors established by the legislator. The conclusions drawn can be used as a basis for the development of concepts of fatherhood, proposals for the development of legislation regarding the exercise of personal rights of fathers and children, taking into account the balance of rights and interests of individuals.