| Abstract [eng] |
The establishment of paternity (maternity) is regarded as one of child’s origin determination methods. The implementation of this method is directly related with the impossibility of implementation of the other child’s origin determination methods. The target of paternity (maternity) legal disputes is the legal establishment of the paternity (maternity) to particular child in cases, when particular child legally have just one of the parents or legally doesn’t have any parent at all and the possible father (mother) disagree to recognize the fact of paternity (maternity). The target of paternity (maternity) legal disputes also is to resolve the paternity (maternity) conflict, when more than one person is concerned to establish parental status. The research is based on legal acts of the Republic of Lithuania, the official interpretation of law, materials from civil cases, the literature of the civil and family law and the jurisprudence of the European Court of Human Rights. In the first chapter of the work the author analyses the determination of paternity (maternity) in the context of the child’s origin determination, discuss the connection between paternity (maternity) establishment and the other methods of child’s origin determination, also analyses the collision between biological and social paternity and the importance of identity protection of paternity. The second chapter of this work deals with the problems of the paternity (maternity) establishment in Lithuanian’s courts practice. The author analyses examples of negative and positive legal disputes of paternity (maternity) establishment, comments the legal terms, procedure and consequences. In this chapter the questions of maternity establishment, the balance between the child’s right to know his origin and the protection of his best interests, the methods of paternity (maternity) establishment and the legal problems, which occurred in legal cases analyzing the evidential information are also commented. In the third chapter of this work the author analyses the relationship between paternity (maternity) establishment and paternity (maternity) contest. The fourth chapter of the work deals with problems of he legal regulation of artificial insemination and their influence to the questions of paternity (maternity) establishment, such as child’s right to know his origin, the foreign law enforcement in legal cases of artificial insemination and the cases, when one of artificial insemination started child’s parents had change the sex. |
