The Primacy of Parents in Child-Rearing for a Child in Foster Care

Abstract

This study investigates the legal status of parents of children placed in foster care, in view of the constitutional principle of the primacy of parents in child-rearing. It analyzes the legal status of parents in all possible cases when a child has been placed in foster care or in a childcare facility, especially the case based on a ruling that restricts parental authority, which is the most common circumstance and the most ambiguous in terms of the research problem explored here. Moreover, this study examines the thesis that both parents and foster carers jointly affect the child, making it difficult to defend the position that parents should enjoy the primacy. Nevertheless, the purpose of the provisions of the Family and Guardianship Code and the Act on Family Support and Foster Care System is clearly to restore the primacy of parents.