PORODIČNOPRAVNI STATUS VANBRAČNOG PARTNERA RODITELjA DETETA

Abstract

In contemporary domestic and family law, even in the absence of a formal kinship relations, certain rights and obligations may be recognized between a child and the cohabiting partner of the child’s parent. As the prevalence of blended families grows, it has become increasingly common for a child to reside with one parent and that parent’s cohabiting partner. This raises the question of how family relationships between such individuals and the child should be legally regulated. Several critical issues arise concerning the family law status of the child’s parent’s cohabiting partner, including the role of the partner in the child’s upbringing, the potential for adoption, the right to maintain personal relationships with the child, and the possibility of maintenance. This paper examines the legal position of the parent’s cohabiting partner within domestic legislation, evaluating the rationale behind various legal solutions and reviewing comparative law, the interests of the child, and the practice of the European Court of Human Rights. By interpreting existing family law regulations, the paper proposes potential legal reforms to address unresolved issues, including the question of whether a legal duty of maintenance can be established between the parent’s cohabiting partner and the child.