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Questionnaire

from PART I - NATIONAL REPORTS ON LEGAL REGULATIONS OF RELATIONSHIPS BETWEEN ADULTS AND CHILDREN

Published online by Cambridge University Press:  26 June 2019

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Summary

CHANGES IN THE TRADITIONAL FAMILY

A. MOTHERS

1. Is maternity automatically established by the birth certificate?

2. Does your jurisdiction recognise any kind of ‘anonymous childbirth’?

3. If any kind of ‘anonymous childbirth’ is recognised, what rights does the

natural mother have in respect of the child?

4. In thesamesituation, what are the child's rights in respect of the natural mother (and her other children)?

B. FATHERS

5. Is paternity automatically established by way of a presumption? If yes, does

the presumption only apply within marriage?

6. If paternity is not established by way of a presumption, how can it be established?

7. If legal paternity is established, can it be challenged, in particular by a man who claims to be the biological father?

8. What rights does a biological father who is not the child's legal father have?

9. What are the rights of the child as regards his or her biological father if the latter is not the child's legal father (and as regards his other children)?

C. CONSEQUENCES OF LEGAL PATERNITY AND MATERNITY

10. What rights and obligations exist between legal parents and their child as an automatic consequence of the establishment of legal paternity/ maternity?

11. Do children have rights in relation to their parents’ intestatesuccession?

Do they have a right tosucceed to a reservedshare of their parents’ estate?

If not, are there other mechanisms in place to protect children's interests?

LEGAL RELATIONSHIPS IN THE ENLARGED FAMILY:

GRANDPARENTS AND SIBLINGS

12. Do people other than the father and mother have rights or duties towards children? What kind of rights and duties?

EMERGENCE AND DEVELOPMENT OF ARTIFICIAL

REPRODUCTIVE TECHNOLOGY

A. AUTHORISED TECHNIQUES

13. Are IVF and egg,sperm or embryo donation authorised?

14. Issurrogacy authorised?

INTENDED PARENTS

15. Who has access to ART (artificial insemination and IVF)? What conditions must be fulfilled beforesuch a process can begin?

16. Who is able to accesssurrogacy? What conditions must be fulfilled?

Type
Chapter
Information
Adults and Children in Postmodern Societies
A Comparative Law and Multidisciplinary Handbook
, pp. 7 - 12
Publisher: Intersentia
Print publication year: 2019

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