| Abstract [eng] |
SUMMARY Social v. Biological Parenting in Paternity Challenge Cases Reda Krisiukėnienė In the master 's thesis, the institute of contestation of paternity in the context of the conflict of social and biological paternity is analyzed by examining the doctrine of legal scholars, Lithuanian and international legal acts and case law. The work focuses on the criteria by which courts give priority to one of these types of parenthood. The criteria are analyzed in the light of specific cases heard by the European Court of Human Rights and the Supreme Court of Lithuania, taking into account the court's interpretations and motives in interpreting its decision to uphold or reject a parental challenge. A detailed analysis of the case law has led to the conclusion that in each case, depending on the specific circumstances of that case, different criteria are considered to be decisive. The thesis also analyzes the procedural aspects of the institute for contesting paternity, such as the shortened limitation period and its application in case law, the conditions and grounds for contesting paternity, and the persons entitled to apply for contesting paternity. Although these aspects are set out in law, certain issues still often arise in case law, and courts are interpreting some of them broadly. The importance of the involvement of a specialist with special psychological knowledge in parenting proceedings in order to comply with the requirement of international law to hear the child in all matters affecting him or her is also examined. As stated in the work, the participation of such a specialist allows for the effective listening of the child's opinion without causing stress to the child himself or herself. |
