PROSTOR ZA AUTONOMIJU VOLjE UČESNIKA U POSTUPKU ZASNIVANjA POTPUNOG USVOJENjA

Abstract

The author deals with the issue of extending the autonomy of participant’s will of the procedure of complete adoption in the Family Law of the Republic of Serbia in 2005 in comparison with the previous legal solutions. The legislator envisaged the possibility of adopting a child under parental care if his or her parents agreed to the adoption, whereby their consent may have the effect of waiving the parental right or transferring the parental right to other persons. The autonomy of the participant’s will is also expressed in situations when the legitimate or illegitimate partner of the child's parent appears as the adoptive parent. Due to the strengthening of the protection of the child's rights at the world level, as a condition for the establishment of a valid adoption, the legislator in the Family Law of the Republic of Serbia stipulates that the adoption must be approved by the adopted person who has reached the age of 10 years. The author in particular draws attention to the fact that in some European countries there is a possibility that the non-consent of parents who do not live with the child may be replaced by a court decision, invoking the best interests of the child. The legislature of the Republic of Serbia does not allow this, which is why the autonomy of the will is more broadly set in relation to the solutions of comparative law.