Determinarea interesului superior al copilului în unele cauze privind filiaţia
Determining the best interests of the child in some affiliation cases

Summary/Abstract: Complying with the best interest of the child in all the measures regarding him or her has become an essential principle of the Romanian law, although the notion of „the best interest of the child” is quite difficult to define. Taking into consideration the fact that the child’s interest manifests in various forms, depending on the type of cause in which the child is a legal entity, it is necessary that the criteria used in identifying the nature of the interest differ from case to case. To that end, determining and complying with the best interest of the child in the causes relating to the establishment of the child’s parentage with respect to the mother and the father becomes a challenge to which the courts are looking for solutions in increasingly complex and unique contexts. The new medically assisted human reproduction techniques with a surrogate mother or a third party donor, some of which are unregulated or others are insufficiently regulated in the current Romanian law, are creating unprecedented difficulties in this extremely sensitive field. What is the best interest of the child in such contexts and how can he or she be protected still remains an open subject for both the judge and the legislator, whose intervention becomes imperatively necessary.

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