The Primacy of Parents in Child-Rearing for a Child in Foster Care


  • Marek Andrzejewski Professor of the Institute of Legal Studies, Polish Academy of Sciences; Head of the Poznań Center of Family Law and Children’s Rights, Poland



parental primacy, parental authority, foster care, family court, family law , limitation of parental authority, termination of parental authority


This study investigates the legal status of parents of children placed in foster care, in view of the constitutional principle of the primacy of parents in child-rearing. It analyzes the legal status of parents in all possible cases when a child has been placed in foster care or in a childcare facility, especially the case based on a ruling that restricts parental authority, which is the most common circumstance and the most ambiguous in terms of the research problem explored here. Moreover, this study examines the thesis that both parents and foster carers jointly affect the child, making it difficult to defend the position that parents should enjoy the primacy. Nevertheless, the purpose of the provisions of the Family and Guardianship Code and the Act on Family Support and Foster Care System is clearly to restore the primacy of parents.




How to Cite

Andrzejewski, M. (2022). The Primacy of Parents in Child-Rearing for a Child in Foster Care. Law, Identity and Values, 2(2), 7–24.