Установление материнского происхождения ребенка: проблема интерпретации действующих семейно-правовых норм

Abstract

The author analyzes the fundamental ideas put forward by the legislator as the basis for the current procedure for establishing maternal origin. This aspect of the problem actually fell out of scientific reasoning, making the algorithm of its theoretical description biased and in many ways hybrid, where there were many confusions and inaccuracies. In order to achieve conceptual clarity on the problem and stabilize its logical meanings, the conclusions are formulated that establishing the child's "maternal" origin is always a search for a connection with the act of birth, not the act of conception, consanguinity, marriage, paternal origin; motherhood in law is not a vague biological and social concept, but a unitary legal category with appropriate legal content; The procedure for establishing maternal origin is constituent and, as a general rule, there is no place for the desires, intentions and individual will of third parties. These legal entities make it meaningless to talk about "different" mothers – legitimate, partly biological, partly genetic, adopted, social. The purpose of family legislation is related to the protection of the biological basis of motherhood – this is the strategy of the current official law and order. Following it, the legislator resists those cases when it comes to recognizing motherhood for an unborn woman, allowing otherwise by way of exception.