Motherhood and paternity in the legal context: is actual and legal equality possible?
Keywords:
motherhood, fatherhood, parental rights, interests of the child, legitimate interests of the child, gender equality, judicial discretion, determination of the place of residence of the child, communication procedure, equality of parental rightsAbstract
The study of the interests of the mother and father comes to the fore against the background of increased interest in society in the family as a value. The goal is to study the actual and legal equality of interests of the mother and father. The comparative legal method, the method of analysis, synthesis are used. As a result, the author came to the conclusion about the actual inequality caused by the natural nature of the origin of children, state protection and ensuring the interests of women during pregnancy and childbirth, with the observed equality in the exercise of parental rights. The influence of historically established ideas about the intentions of mothers and fathers, which is reflected in the process of proof when determining the place of residence of the child, is revealed.