Peer-reviewed article
Family Life for Children in State Care
Claire Breen, Jenny I. Krutzinna, Katre Luhamaa, Marit Skivenes ·
Summary
Written by AI, not yet AICS's view · claude-haiku-4-5-20251001This legal analysis examines how European courts interpret the right to family life for children in state care, particularly in adoption cases. The study finds that courts increasingly recognize family as based on personal caring relationships rather than just biological ties, including relationships between children and foster parents. The research shows that children's individual status within the family unit is gaining recognition in law. The analysis covers Court of Human Rights judgments to understand what constitutes a 'family unit' and the 'child's best interest' in care and adoption decisions.
Key points
- Courts recognize family relationships beyond biological parents, including foster parent-child and sibling bonds
- The concept of family is understood as relationships based on personal, caring relationships and activities rather than solely legal status
- Children are increasingly recognized as individuals within the family unit that states and courts must address directly
- Both de facto and formal family relationships are relevant to Article 8 ECHR protections
- The analysis is based on examination of all Court judgments on adoptions from care
Limitations
This is a legal analysis of court judgments and does not examine the lived experiences or outcomes for children in state care. It cannot tell us about the actual implementation of these principles or the effectiveness of policies in protecting children's family relationships in practice.
Abstract
Abstract This paper examines what set of familial circumstances allow for the justifiable interference with the right to respect for family life under Article 8, echr. We analyse all the Courts’ judgments on adoptions from care to find out what the Court means by a “family unit” and the “child´s best interest”. Our analysis show that the status and respect of the child’s de facto family life is changing. This resonates with a view that children do not only have formal rights, but that they are recognised as individuals within the family unit that states and courts must address directly. Family is both biological parents and child relationships, as well between children and foster parents, and to a more limited extent between siblings themselves. The Court’s understanding of family is in line with the theoretical literature, wherein the concept of family reflects the bonds created by personal, caring relationships and activities.