Spontánně vznikající sociální rodičovství v judikatuře Evropského soudu pro lidská práva
Spontaneously Arising Social Parentage in the Case Law of the European Court of Human Rights

Summary/Abstract: This article investigates the view of the European Court of Human Rights (ECtHR) on the relative importance of both biological and factual relationships when dealing with custody of children. The article focuses on the role of the social parentage that arises spontaneously and its role in the case law of the European Court of Human Rights when dealing with its legal consequences and legal confirmation. This paper discuses the current case law of the ECtHR concerning adoptions of child by partner of biological parent, rights of putative father, custody of children in case of death of biological parent and the role of sexual orientation of social parent. It deals with the questions arising when deciding such cases. It concentrates on rights of biological parents who do not have the custody of children, rights of social parents and the best interest of children. It investigates the relative importance of social, biological and legal reality and describes collision of above-mentioned rights in cases when the biological, social and legal reality is not consistent. It also discusses possible solutions of such situations. The article identifies factors that the ECtHR considers key to decisions in each area separately and those that are considered key to all cases related to spontaneously arising social parentage and custody of children.

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