К вопросу о тождестве статуса родителей и усыновителей

Abstract

Complex relationships of parenthood, both from a moral and legal perspective, require rethinking in the modern conditions of societal development. Legal relationships based on consanguinity between parents and children, and those arising from the adoption of a child, cannot be considered identical under current legislation in terms of the equality of the status of subjects, the content of these legal relationships and the grounds for their termination. The author emphasizes their uniqueness, as well as the necessity of improving current legislation for further identification of the corresponding legal relations. The goal of the research is to determine the identity of the status of parents and adoptive parents through the legal relationship for the upbringing and maintenance of a child by blood parents and adoptive parents. The research methodology was carried out on the basis of general scientific methods of analysis and synthesis, as well as the formal-legal method. The article makes assumptions about the public legal nature of the adoption model, representing a form of realization of public interest in ensuring the rights and interests of children deprived of parental care for various reasons. It is concluded that the legal relationship for the upbringing and maintenance of children by blood parents and adoptive parents can not be recognised as selfsame due to the public legal nature of adoption. The author emphasises that a complete analogy of family education models is quite possible, but subject to the establishment of imperative prescriptions in the Family Code of the Russian Federation. The results of the research can be used in further scientific activities, as well as in judicial practice.