Ablyatipova N.A. The Analysis of Problems Arising in the Exercise of the Right to Paternity in Family Law
DOI: https://doi.org/10.15688/lc.jvolsu.2024.1.12
Natalia A. Ablyatipova, Candidate of Sciences (Jurisprudence), Honored Lawyer of the Republic of Crimea, Associate Professor, Department of Civil Law, Russian State University of Justice (Crimean branch), Pavlenko St, 5, 295006 Simferopol, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it. , This email address is being protected from spambots. You need JavaScript enabled to view it. , https://orcid.org/0000-0002-4579-3871
Introduction: the global changes in the world erasing not only the patriarchal model of the family, but also the level of internal self-awareness and responsibility at the birth of a child in general, emphasize the need to consider the content of the models of the mother and father from a legal point of view, identifying not the socio-psychological root causes of this phenomenon in the modern world, but their consequence for the legal environment of the development of the institute of childhood. The statutory norms on paternity in modern law require detailed interpretation and improvement. Despite the equality of the rights of parents in parental legal relations, today there are separate differences in the legal status of the mother and father in the legislation. In this regard, the author set a goal: to analyze the problems that arise in the exercise of the right of paternity. Results: the peculiarities of the problem of establishing paternity, the peculiarities of the legal status of the father, including surrogacy, are studied. The problems of contesting paternity and determining the child’s place of residence and communication with parents are highlighted. Based on the analysis of the legislation, conclusions are drawn about the presence of certain elements of inequality in the legal status of the mother and father of the child. Most provisions curtail the rights of fathers. According to the results of the study, it is found that further improvement of the family legislation should be systematically aimed at eliminating the inequality of parental legal relations between the mother and the father of the child.
Key words: paternity, maternity, presumption of paternity, descent of children, minor parents, contesting paternity, protection of children’s interests.
Citation. Ablyatipova N.A. The Analysis of Problems Arising in the Exercise of the Right to Paternity in Family Law. Legal Concept = Pravovaya paradigma, 2024, vol. 23, no. 1, pp. 92-98. (in Russian). DOI: https://doi.org/10.15688/lc.jvolsu.2024.1.12
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