The Right to Know One’s Origins in Light of the Legal Regulations of Adoption in Slovenia

Abstract

The relationship between parents and children forms a central part of family law. As a rule, the legal relationship between children and parents also has a coherent biological starting point. However, a legal relationship between parents can also arise through adoption, where legal and biological relationships diverge. Children who have been adopted often want to know the identity of their biological parents. In the past, priority was given to the biological parents’ anonymity, but the child's right to know their origin is now at the forefront. Slovenia has implemented new family law legislation; however, it does not specifically address this subject. Adoption court proceedings are not uniform because of this inconsistency. Comparative law, however, provides varied approaches to exercising a child's right to know their origins or biological parents, which is now widely regarded as a critical part of one's identity. The author of the paper analyzes Slovenia's current legal regulations and compares it to contemporary ECtHR case law that has provided the groundwork for modern approaches to the legal regulation of a child's right to know their origin. In this article, the author also attempts to formulate proposals for changes to Slovenia's existing legislation, as well as proposals for de lege ferenda improvements, which, on the one hand, would bring Slovenia closer to realizing children’s rights, and, on the other hand, could lead to a unification of Slovenian court case law, ensuring greater legal certainty and predictability.