Legally Protected Interest of Minor Parents in Upbringing of the Child

Abstract

The article is devoted to the study of the possibility for minor parents to raise their own child when a guardian for the child has been appointed. The author has explored three basic approaches concerning the legal nature of such a possibility. The author has differentiated the categories "subjective right to raise a child" and "legally protected interest (protected by law interest) to raise a child" and has determined their distinctive features. The author has concluded that a minor parent when a guardian for the child has been appointed has only a legally protected interest to raise his/her child. The legal interest of minor parents to raise the child is characterized by the following features: the child's upbringing depends on someone else's discretion; the obligation of other persons not to interfere in the process of upbringing of the child, except legal representatives of the child, is carried out by the holder of the legally protected interest to raise the child; the possibility for the main participant of the upbringing of the child to exclude from the raising process the holder of a legally protected interest to raise the child, which may be challenged in the administrative and (or) judicial proceedings; lack of the possibility for the holder of the legally protected interest to raise the child to deprive the legal representatives of the child of the right to raise the child.