USVOJENjE DECE OD STRANE ISTOPOLNIH PAROVA IZMEĐU NAJBOLjIH INTERESA DETETA I PRAVA NA PLANIRANjE PORODICE

Čović Ana (Институт за упоредно право, Београд), tankosicana@yahoo.com

Family planning is a conscious activity of individuals and couples in the reproductive age. The goal of family planning is to plan the number of children, but the timing and the birth or adoption of a child, and includes biological, medical, demographic, social, economic and psychological aspects. Family is the most important pillar of society, a happy family is the foundation for the preservation of mental and physical health of each individual. Adoption is the preferred form of protection for children without parental care, because it provides to child permanent protection and growing up in a family environment. Also, adoption is one way to realize the planned families. Realization of the family should be the result of a joint decision by the partners, not something that happens accidentally and unexpectedly. A family and its planning is right guaranteed by Constitution, but also the obligation to the generations to come. However, the question is whether the right to family planning is equally guaranteed to all or homosexuals are discriminated by the law, the practice of the state and its organs. Analysis of the legislation and some comparative solutions, I will try to answer the question of whether the adoption of a child by a same-sex couple in accordance with their best interest, which is the standard that the law expressly stipulates as a condition for adoption.

Ključne reči: Adoption, same-sex couples, family planning, child’s best interest