Legal Position of Minor’s Parents: Interdisciplinary Research

Abstract

The article presents an analysis of the complex of rights and obligations of minors that have arisen in connection with the birth of a child. The author's position on the interpretation of the family law, which determines the legal status of a minor parent, is proposed. Possibilities of realization of parental functions by minors depending on age and level of mental maturity are investigated. And the amount of legal capacity of a minor in family and civil law, as well as in civil proceedings. Particular attention is paid to the appointment of a guardian to a child of minor parents, as well as the peculiarities of termination of guardianship. It is concluded that the possibility of independent exercise of parental rights upon reaching the age of 16 by a minor unmarried parent should arise not automatically, but upon the application of the minor parent to the guardianship and custody authority. Possible disputes about children between minor parents are considered. According to the results of the study, the authors propose a new version of the norms of article 62 of the Family code of the Russian Federation.