Choice of concept adoption in terms of protecting the right of the child to know its origin
In: Zbornik Matice Srpske za društvene nauke: Proceedings for social sciences, Heft 145, S. 635-652
ISSN: 2406-0836
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.