LEGAL ASPECTS OF ESTABLISHING CHILDREN’S ORIGIN IN THE RUSSIAN FEDERATION

The article examines approaches to the legal regulation of establishing and certifying the origin of children in the Russian Federation in the light of changing life circumstances. At the present stage of the development of civilization in the context of globalization, the proclamation and propaganda of imaginary liberal values, we are witnessing a decline in the role and importance of family traditions in the life of a modern society, a crisis of historically established family values. The most unprotected category of subjects of law from such a detrimental effect of the global trend are children. Establishing the origin of the child is a law-forming legal fact that gives rise to the personal and property rights of the child, acts as the basis for the emergence of a legal relationship between the child and his/her parents and forms his/her legal status. The procedural aspect of the issue under consideration also plays an important role. The article reveals theoretical aspects of the legal regulation of relations related to the establishment of the origin of the child, analyzes the norms of Russian legislation in this area, examines the mechanism of establishing the origin of children, as well as the problems that exist in this area of legal relations. The influence of the circumstances of the child’s birth, namely the presence of a duly registered marriage between the child’s father and mother, on the procedure for establishing the child’s origin is emphasized. The grounds for challenging paternity and the grounds preventing this are considered. The authors draw attention to the problems of establishing the origin of the child that arise in connection with his/her birth using a variety of widely used reproductive methods and come to the conclusion that a unified approach is needed regarding the regulation of social relations arising from the use of reproductive technologies, both from the point of view of family law and civil law.

regulation of family relations, parental legal relations, birth, rights of the child, establishment of paternity, recognition of paternity, birth registration, contestation of paternity, use of reproductive technologies, surrogate motherhood

Khasimova L. N., Yushchenko N. A., Magizov R. R. Legal aspects of establishing children’s origin in the Russian Federation. Business. Education. Law, 2023, no. 1, pp. 230—235. DOI: 10.25683/VOLBI.2023.62.575.