CONSTITUTIONAL PRINCIPLE AND THE ESTABLISHMENT OF THE LEGAL RELATIONSHIP BETWEEN THE CHILD AND THE NON-MARITAL FATHER: A STUDY OF GERMANY, THE NETHERLANDS AND ENGLAND

This three-way comparison examines the role of constitutional principle in the resolution of the question when a non-marital father should be able to establish a legal relationship with his child against the will of the mother. A distinction is made between the case in which the State is empowered to initiate or compel establishment of such legal relationship and the case in which the father seeks to establish the relationship. The role of constitutional principle is explored by examining the German Basic Law, the decisions of the European Court for the Protection of Human Rights and the direct application of last-mentioned Convention by the Dutch courts, particularly the Supreme Court. Finally, the implications for English law will be indicated.