.jpg?sfvrsn=e5a4f948_1)
27 NOV 2020
26 NOV 2020
26 NOV 2020
26 NOV 2020
26 NOV 2020
(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.
For comprehensive, judicially approved coverage of every important Family Division, Court of Appeal, Supreme Court and European courts case, subscribe to Family Law Reports.
Subscribers can log in here.
Find out more or request a free 1-week trial of the Family Law Reports. Please quote: 100482.
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.
Leave a commentOrder by
Newest on top Oldest on top