Биолошка истина versus законски установљене везе у контексту заштите права на породични живот
Biological Truth Versus Legally Established Connection In The Context Of Protection Of The Right To Family Life

Summary/Abstract: The question of determining the origin of the child in relation to his parents about the importance of genetic truth has for the individual, found a place for consideration in the decisions of the European Court of Human Rights (Court), which is interpreted in the context of the right to family life. In addition, the right to family life also protected the legally established connection between parent and child. The paper highlighted weighing of Court between those two values (the biological truth and legally established connection) in the context of the right to family life. Court in each case is guided by the principle of the best interests of the child, which is especially seen as the measure of all decisions related to the child, but that because of its vagueness leads to different outcomes in cases of protection of the right to family life. Presented cases in this paper suggest that in the context of the right to family life, the Court explicitly destine nor for legally established connections, nor for those that are based on the biological truth. On the one hand as a legal presumption construction has its strength as a sociological category survives for the sake of maintaining family connections and maintaining legal certainty and on that basis already established family ties. At the same time we should not neglect the fact that in addition to determining the biological truth may in some cases mean the destabilization of the family and family life, at the same time we should not ignore the possibility of developing family ties on this basis.

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