Russia (bbabo.net), - The Third Court of Cassation of General Jurisdiction allowed adopted children to receive information about biological parents. In fact, the names of real dads and moms have been declassified.
A certain citizen applied to the court with a statement of claim against the regional committee for civil registration, asking to recognize her right to receive information about her birth, including information about her biological parents.
“In support of the claim, she referred to the fact that her adoptive parents had died, and therefore their consent to receive birth information could not be obtained. Refusal to provide information about biological parents, while not inherently illegal, violates her right to receive information about the origin of their parents, about their ancestors, the genetic history of the family and the identification of biological ties that make up an important part of the identity of each person," the press service of the Third Court of Cassation of General Jurisdiction says.
The third instance confirmed: the woman's demands are legitimate. Moreover, information is needed not only in order to satisfy quite understandable curiosity. The revealed secret of birth will allow, among other things, to diagnose some hereditary diseases.
Of course, if a child was adopted, this does not mean that he was once abandoned by his real parents. Life is complicated and sometimes sad thing, anything can happen in it. Maybe the real dad and mom are dead. No matter how good and caring foster parents are, it is probably right when a grown child has a desire to put flowers on the graves of his real dad and mom.
“The UN Convention on the Rights of the Child guarantees that from the moment of birth, a child has the right, as far as possible, to know his parents and the right to their care,” says Maria Spiridonova, a member of the Russian Bar Association. France," the ECtHR has pointed out that the right to know one's origins stems from a broad interpretation of the concept of private life."
Information about biological parents will also allow you to learn about hereditary diseases
By the way, the Third Court of Cassation referred to the same decision of the ECtHR.
“On the other hand, the personal interests of a woman who abandoned a child must be recognized,” the lawyer continues. “It follows that states should have discretion in determining the measures necessary to ensure the right to privacy. He developed the same position in the case 2012 "Godelli v. Italy" - national legislation should strive to establish in these matters a balance between the rights and interests of the persons concerned in such cases.
And this legal position was also taken into account by the cassation.
“In addition to obtaining information through the registry office and challenging their refusals in court, you can also try to contact the guardianship and guardianship authorities - some data may be stored in a personal file at the place of adoption or at the place of registration after adoption. There are also large communities of mutual assistance of adult adopted children, who can also help find biological parents," says Maria Spiridonova.
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