ИЗБОР КОНЦЕПТА УСВОЈЕЊА СА AСПЕКТА ЗАШТИТЕ ПРАВА ДЕТЕТА НА САЗНАЊЕ СВОГ ПОРЕКЛА
CHOICE OF CONCEPT ADOPTION IN TERMS OF PROTECTING THE RIGHT OF THE CHILD TO KNOW ITS ORIGIN

Summary/Abstract: Protection of children without parental care and choosing the forms through which it is implemented makes a very delicate task. Professional bodies and persons in the area of the child care, in addition to expertise and professionalism, must have ability to adequately assess all the circumstances of each case and participants in it. Adoption is considered the best way to provide the child growing up in a family environment, because, as opposed to foster care and guardianship, it is characterized by durability. Adoption provides the child growing up in family and domestic environment. This right of the child is recognized in international law and comparative legislation and its implementation is not a matter of good will of the state and potential individuals (e.g., adoptive parents). However, the question is whether in the process of adoption and later in life, one of the fundamental rights of every man, the right of the child to know his or her origin, is violated. This is exactly the bone of contention between supporters of closed and open procedures. Comparative analysis of the solutions and decisions of the European Court of Human Rights in the area will try to answer to the question whether the prevailing concept of closed adoption provides complete protection of all rights of the child or the protection of certain rights is done at the expense of violation of others.

• Details
• Contents