Family Law

THIRD SECTION

CASE OF UZBYAKOV v. RUSSIA

(Application no. 71160/13)

JUDGMENT

Art 8 • Respect for family life • Positive obligations • Dismissal of biological father’s application for revocation of his infant daughter’s adoption after her mother’s death while he was in detention • Deficient process at adoption-stage,  notwithstanding applicant’s prior negligence in establishing paternity, given court’s failure to hear any relatives despite being informed of existence of siblings and biological father • Absence under relevant domestic law of formal grounds for revoking adoption order not sufficient in itself to justify courts’ refusal to revoke order • Lack of adequate and in-depth examination of arguments and all relevant factors and interests at stake

STRASBOURG

5 May 2020

This judgment will become final in the circumstances set out in Article 44 § 2 of the Convention. It may be subject to editorial revision.