INTRODUCTION

Family law is arguably one of the areas of law that is an ideal indicator of social change. Across countries, family law reflects social dynamics and it is thus most sensitive to vibrations in social perceptions when it comes to its fundamental notions. In recent years, European countries have seen their domestic family legislation undergo sweeping changes, as European societies have adopted more elaborate approaches to family law concepts like parenthood, family life, or what constitutes a union that should be afforded legal recognition. This change has undoubtedly paved the way for even further developments in the near future and is also mirrored in the case law of the European Court of Human Rights (the ECtHR or ‘the Court’). Yet at any point during the long and never-ending process of the evolution of social norms and legal rules, it is important to evaluate the current state of affairs, so that we can better understand where we came from and what the rest of the journey looks like.

Among family law concepts, parenthood and its various manifestations is central for regulating family life and family ties. Parenthood is a sophisticated concept, and while a core understanding thereof is shared among European countries, the particulars can vary across different legal orders and across time. Yet establishing and dissolving parental ties, as well as regulating parent – child relationships, remains a central task for family law.

Against this setting, the ECtHR has been frequently called upon to examine parenthood in the context of the right to private and family life that is safeguarded under the European Convention on Human Rights (the ECHR or ‘the Convention’). Its case law is particularly helpful for any venture to assess ongoing family law trends, as well as any future directions. The ECtHR serves as a convergence point of a wide spectrum of Western jurisdictions, including most European states, as well as significant jurisdictions on Europe's periphery, like Russia and Turkey, which have been perceived as belonging to the European area in a broader sense.