Challenges and problems of legal regulation of social and biological parenthood

When a person, often a man, raising a child who is not his biological child performs all the rights and responsibilities of a biological father, that person is considered a social father. Social parenting is when close social ties, close communication between a child and a non-biological parent or parents occur. Defenders of children's rights are also involved in court proceedings concerning the importance of social parenthood, and they draw conclusions about the existence or absence of a relationship between non-biological parents and the child [9].

Every child has the right to live with their parents, to communicate with them and to get to know them in general. However, it often happens that the child does not know his or her biological parents or one of them, and in such cases often a completely different person takes the place of the biological parents or father.

As the child grows up and a close relationship with the social father emerges, in the presence of maintenance, this can already be recognized as the emergence of social parenting. Thus, the child's father will not necessarily be considered the biological father, he can be successfully replaced by another i.e. a social father who actually and performs significant social functions of the father in relation to the child. When disputing paternity, courts not only take into account the results of DNA testing, but also assess the importance of the social father and its social functions, as laws in Lithuania exclusively establish biological parenthood, taking into account the relationship between the child and the father [10].

Aspects of legal regulation of children 's rights and obligations.

The protection of the rights of the child is particularly important today and is defended because of the harsh actions that have prevailed in the past, which have violated the welfare of children or even treated children not as legal entities. The rights of the child are human rights, rights that apply to everyone, regardless of age, gender, nationality or other characteristics. Therefore, the child usually has the same rights as adults. Today, children are much better protected than in previous decades, but there are still countries where children's rights are not protected and children suffer significant harm not only physically but also emotionally [11]. It is important that the effective protection of the rights of the child prevails only when the public understands that the protection of children is lawful, and that the implementation of rights will not only establish norms but will also ensure the protection of the rights of the child. Internationally, the Convention is the most important document in the protection of the rights of the child, and the main goal is to ensure the right of children to life, growth and development, taking into account their physical, emotional and social well-being [11].

In addition to rights, children also have responsibilities, as do all adult members of society. The rights of the child end where the rights of the other child or adult begin, which means that the rights have limits, and the child must take into account the rights of other children and adults when exercising his or her rights. Rights and responsibilities always go hand in hand. The child has the right to education, but at the same time it is his duty to attend school. The child has the right to health care, but he has a duty to take care of his health. The child has the right to freedom of expression, but in exercising this right, the child must respect the rights of other children and adults, in particular the right to honor and dignity. Children have a right to childhood, but at the same time a duty to abide by the rules of conduct, a right to their own opinion, but also a duty to respect the opinions of others. The Convention gives the child the right to exercise his or her rights and obligations, and as the child grows, his or her right to self-determination and responsibilities increases [12].

Until the child is able to exercise his or her rights independently, his or her parents or representatives must do so. Thus, the Convention is one of the main sources of children's rights and responsibilities, the most comprehensive instrument on the rights of the child ever drawn up and the most widely ratified international human rights treaty. The document sets out how adults and governments must behave so that all children can enjoy these rights equally and without discrimination. Also, the Law on the Fundamentals of Protection of the Rights of the Child of the Republic of Lithuania provides the basic principles to be followed if other laws or legal acts do not regulate the relations of protection of the rights of the child.

A child's right to know his or her parents is linked to the right to have an identity, the expression of which is knowledge of one's biological parents (again, depending on the circumstances, these may not necessarily be biological parents). In determining paternity, it is necessary to reconcile the child's interest in knowing his or her identity with the interests of his or her implied or alleged father [13]. The ECtHR emphasized that Article 8 of the ECHR primarily imposes an obligation on the State not to interfere in family life, but that States have a duty to take the necessary measures to assist parents and families and to protect children from possible violence. Children should be separated from their parents only in exceptional cases and in an effort to preserve personal relationships and, if possible, to rebuild the family [14].

Children are unable to exercise their right to family ties properly through the improper performance of their duties and the separation of children from their parents. International law recognizes that childcare in families should take precedence over care facilities. In order to ensure the wider rights of the child, it is very important for the child to have a guardian or representative. The ECtHR has clarified that in many cases custody of a child should be a temporary measure and that the child must ultimately return to his or her family, guaranteeing the right to respect for private and family life, in accordance with Article 8 of the ECHR [15]. In order to protect the child's right to family ties as effectively as possible by entrusting the child to custody, this should be done only in exceptional cases and in accordance with the law, for a legitimate aim and if it is necessary to protect the child's legitimate interests. The competent authority must give reasonable grounds for not infringing Article 8 of the ECHR. Even when children are taken into custody, they still have the right to communicate with their parents [15].

Even when children are taken into custody, they still have the right to communicate with their parents. This right is recognized under the ECHR, as the ECtHR has ruled that reciprocal parent-child contact is an essential part of family life under Article 8 [16]. Under international law, the best interests of the child must be a primary consideration in adoption cases. The right to respect for family life enshrined in Article 8 of the ECHR also applies to adoptions. The European Convention on Adoption states that "the competent authority shall not authorize the adoption until it is satisfied that the best interests of the child have been attained [17].

Conclusions

1. Biological parenting is based on scientific evidence and gives rise to a legal relationship with the child. Social paternity is when, in the absence of kinship between a child and the parents, close social ties are established and, once they have been enacted by a court, a legal relationship also develops between the social parents and the children.

2. The care institution is only temporary for children and the purpose of this institute is to return the child to his or her biological family, it is not an alternative form of parenting. Guardians cannot be considered parents by law, so they cannot have the status of social parents, they only help the children to exercise their rights and represent the parents, ensuring the protection of the children's legal interests and contact the biological parents, if this does not contradict the child's legal rights. interests.

3. Biological parents cannot best serve the legitimate interests of the child in cases where the child is threatened in the biological family, therefore the intervention of state authorities is necessary in unavoidable cases. When biological parents cannot ensure adequate social security for the child, then the state protects the rights and interests of the child and provides him or her with social security as far as possible in the best interests of the child.

The legitimate interests of the child can best be safeguarded by growing up in a family. Therefore, in the event of difficulties in the biological family, public authorities must intervene in the family relationship and help the biological family to solve the problems that have arisen. Failing this, the child's legitimate interests can best be safeguarded by growing up in a social family.

Список використаних джерел

1. 1995 of the Republic of Lithuania July 3 Law No. I-983 'Ratification of the United Nations Convention on the Rights of the Child'. State News. 1995, no. 60-1501.

2. Kairiene, B. (2012). The legal status of a child: implementation problems. Vilnius: Institute of Education, p. 1443-1455.

3. United Nations Convention on the Rights of the Child (July 21, 1995, No. 60-1501).

4. Case of the Supreme Court of Lithuania in 2010 April 13 order in civil case no. 3K-3-169 / 2010.

5. Holzscheiter, A., Josefsson, J., Sandin, B. (2019). Child rights governance: An introduction. Retrieved 28 May 2021, from https://www.researchgate.net/publication/333874593_Child_rights_govemance_An_introduction.

6. Civil Code of the Republic of Lithuania (Valstybes zinios, 2000-09-06, No. 74-2262).

7. Law of the Republic of Lithuania on the Fundamentals of the Protection of the Rights of the Child (Valstybes zinios, 12 April 1996, No. 33-807), Art. 11 d.

8. Casonato, M., Habersaat, S. (2015). Parenting without being genetically connected. [interaktyvus]. Accessed via internet: < https://www.cairn.info/revue-enfance-2015-3-page-289.htm>, last visited 2021-05-04.

9. Herring, J. (2001). Family Law. Harlow:Longman, p. 264.

10. 2020 Socialinй tйvystй -menkai suprantama sqvoka su didziule atsakomybe vaikui. [interaktyvus]. Accessed via internet: <https://vaikoteises.lt/naujienos/naujienos/socialine-tevyste--menkai-suprantama-savoka-su-didziule-atsakomybe- vaikui.html>, last visited 2021-04-23.

11. Butrymowicz, M. (2015). Children's rights in International Law. Accessed via internet: https://www.researchgate. net/publication/304348149_the_children_rights_in_international_law, last visited 2021-04-23.

12. Children`s and youth rights and responsibilities [interaktyvus]. [Ziыrйta 2021-03-31]. Accessed via internet: https://www.oiguskantsler.ee/en/children%E2%80%99s-and-youth-rights-and-responsibilities, last visited 2021-03-18.

13. EctHR case R.M.S. v. Spain, no. 28775/12, 2013 June.

14. 2015 Handbook on European Law on the Rights of the Child. Accessed via internet: http://publications.europa.eu/ resource/cellar/f5e4f4b6-8e87-11e5-b8b7-01aa75ed71a1.0016.03/DOC_1, last visited 2021-05-18.

15. EctHR case K.A. v. Finland, no. 27751/95, 2003 m. January 14.

16. ECtHR case, Olsson v. Sweden (no. 1), no. 10465/83, 1988 March 24.

17. ECtHR case, Pini and Others v. Romania, no. 78028/01 and 78030/01, 2004 June 22.

1. 1995 of the Republic of Lithuania July 3 Law No. I-983 'Ratification of the United Nations Convention on the Rights of the Child'. State News. 1995, no. 60-1501.

2. Kairienи, B. (2012). The legal status of a child: implementation problems. Vilnius: Institute of Education, p. 1443-1455.

3. United Nations Convention on the Rights of the Child (July 21, 1995, No. 60-1501).

4. Case of the Supreme Court of Lithuania in 2010 April 13 order in civil case no. 3K-3-169 / 2010.

5. Holzscheiter, A., Josefsson, J., Sandin, B. (2019). Child rights governance: An introduction. Retrieved 28 May 2021, from https://www.researchgate.net/publication/333874593_Child_rights_governance_An_introduction.

6. Civil Code of the Republic of Lithuania (Valstybes zinios, 2000-09-06, No. 74-2262).

7. Law of the Republic of Lithuania on the Fundamentals of the Protection of the Rights of the Child (Valstybes zinios, 12 April 1996, No. 33-807), Art. 11 d.

8. Casonato, M., Habersaat, S. (2015). Parenting without being genetically connected. [interaktyvus]. Accessed via internet: < https://www.cairn.info/revue-enfance-2015-3-page-289.htm>, last visited 2021-05-04.

9. Herring, J. (2001). Family Law. Harlow:Longman, p. 264.

10. 2020 Socialinй tйvystй - menkai suprantama sqvoka su didziule atsakomybe vaikui. [interaktyvus]. Accessed via internet: <https://vaikoteises.lt/naujienos/naujienos/socialine-tevyste--menkai-suprantama-savoka-su-didziule-atsakomybe- vaikui.html>, last visited 2021-04-23.

11. Butrymowicz, M. (2015). Children's rights in International Law. Accessed via internet: https://www.researchgate. net/publication/304348149_the_children_rights_in_international_law, last visited 2021-04-23.

12. Children`s and youth rights and responsibilities [interaktyvus]. [Ziыrиta 2021-03-31]. Accessed via internet: https://www.oiguskantsler.ee/en/children%E2%80%99s-and-youth-rights-and-responsibilities, last visited 2021-03-18.

13. EctHR case R.M.S. v. Spain, no. 28775/12, 2013 June.

14. 2015 Handbook on European Law on the Rights of the Child. Accessed via internet: http://publications.europa.eu/ resource/cellar/f5e4f4b6-8e87-11e5-b8b7-01aa75ed71a1.0016.03/DOC_1, last visited 2021-05-18.

15. EctHR case K.A. v. Finland, no. 27751/95, 2003 m. January 14.

16. ECtHR case, Olsson v. Sweden (no. 1), no. 10465/83, 1988 March 24.

17. ECtHR case, Pini and Others v. Romania, no. 78028/01 and 78030/01, 2004 June 22.