Ustanova usvojenja u svjetlu prakse Ustavnog suda Bosne i Hercegovine
Adoption of Children in the Light of the Practice of the Constitutional Court of Bosnia and Herzegovina

Author(s): Ramajana Demirović
Subject(s): Law, Constitution, Jurisprudence, Constitutional Law, Family and social welfare
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: Constitutional Court; Adoptee(child); Adoptive parent; Partial adoption; Judicial practice; The right to respect for private and family life; Family Law; Brčko District;
Summary/Abstract: In modern family law, adoption represents the highest quality form of protection for children without parents of without appropriate parental care and at the same time enables the establishment of a parental legal relationship for persons who cannot fulfill their desire for biological children. The legal regulation of adoption in Bosnia and Herzegovina has a long tradition. Despite this, the small number of adopted children, the large number of requests from potential adopters for adoption and the large number of children who are without adequate parental care point to the conclusion of the existence of certain obstacles due to which adoption is not representedin practice to a greater extent. Analyzing the legal framework of adoption in Bosnia and Herzegovina in the light of the recent Decision of the Constitutional Court of Bosnia and Herzegovina (AP 3040/21), the author identifies some of the possible reasons that make it difficult or impossible to establish a larger number of adoptions. In conclusion, the author it points out the necessity and possible improvement of legal regulation, especially emphasizing the need to harmonize it with European standards in this field.

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