Some Legal Aspects on Acquiring the Quality of Parenthood

AuthorGabriela Lupsan
PositionAssociate Professor, PhD, 'Danubius' University of Galati
Abstract: The quality of parenth
right, which is under the contr o
exercise it submits the person to
of substanc e and the form prov
Code provisions and other specia
Keywords: filiation; presumptio
1. About the Filiation In
In the absence of a legal de
no. 287 of 17 July 2009
legal fact, which is based
method or the legal ways b
of a certain child - are diffe
and the desire of the perso
present and future materia
Associate Professor, PhD, “D
Romania. Tel.: +40.372.3
Republished under article 218 o
the Civil Code, published in the
new Civil Code was originally p
July 2009, amended by Law no.
427 of 17 June 2011 and in the O
Civil Code came into force on 1
Private Law
IS DANUBIUS Vol. 10, no. 1/20
Gabriela LUPŞAN1
nthood is the legal consequence of the manifestation of the procr
trol of the individual will, but also the right to adopt, which aft
to verification by the competent authorities on fulfilling the cond
ovided by law. We decided upon a short analysis, based on the
cial laws, of the legal ways by which a person can acquire the qua
tion of paternity; adoption; medically assisted reproduction
on Institution in General
l definition offered by the new Civil Code adopted by
2, the filiation is considered that natural fact turned int
ed on the connection between a child and his parents.
ys by which one can become a parent, the mother or f
different, they are chosen, besides the intervention of na
rson concerned, the biological possibilities and why not
rial and financial availability. These legal ways are
“Danubius” University of Galati, 3 Galati Boulevard, 800654 Ga
2.361.102, fax: +40.372.361.290. Corresponding a
8 of Law no. 71/2011 f or the implementation of Law no. 287/20
the Official Monitor of Romania, Part I, no. 409 of 10 June 2011
ly published in the Official Monitor of Romania, Part I, no. 511
o. 71/2011 and corrected in the Official Monitor of Romania, Par t
e Official Monitor of Romania, Part I, no. 489 of 8 July 20 11. Th
1 October 2011.
AUDJ, vol. 10, no. 1/2014, pp.
Private Law
Some Legal Aspects on Acquiring the
Quality of Parenthood
no. 1/2014
after the
the Civil
uality of
by Law
d into a
nts. The
or father
not the
re birth
4 Galati,
/2009 on
011. The
11 of 24
art I, no.
The new
p. 84-90

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