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Uzbyakov v Russia (App no 71160/13)

Jun 8, 2020, 10:21 AM
Human rights – Private life – Adoption – Paternity claim
The ECtHR held that the rejection of the biological father’s paternity claim and a refusal to revoke the adoption order violated Article 8 of the European Convention on Human Rights.
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(ECtHR (Third Section), Lemmens (P), Judges Serghides, Keller, Dedov, Elósegui, Felici, Wennerström, 5 May 2020)

Human rights – Private life – Adoption – Paternity claim

The ECtHR held that the rejection of the biological father’s paternity claim and a refusal to revoke the adoption order violated Article 8 of the European Convention on Human Rights.


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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.

 

 

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