In my master’s thesis I examine adoption and foster care as key institutions of family law, designed to safeguard children who cannot be raised within their biological families. Research in this field reveals a complex interplay of legislation, professional practice, institutional frameworks, and individual life stories. This interconnectedness exposes how legal rules by themselves cannot fully capture all dimensions of decision-making about a child’s life; rather, their effectiveness is shaped in the daily practice of professionals and foster families as well as adoptive parents. At the forefront remains the human aspect, reminding us that behind legal norms there are always real lives and relationships. Adoption represents the permanent integration of a child into a new family and the establishment of a relationship that is legally equivalent to biological parenthood. It is one of the most important forms of social parenthood, as it provides a child with a stable and lasting environment. Strict conditions must be met: the child must lack adequate parental care, and adoptive parents must be suitable and capable of ensuring a safe and supportive environment. The procedure is led by the center for social work, with the final decision made by the court. Foster care, on the other hand, is generally a temporary form of care, intended to address crisis situations in the child’s biological family. During this time, the child lives with foster parents but usually maintains contact with biological parents. The purpose of foster care is to allow for the child’s return home once conditions improve. In practice, however, foster care often lasts for many years or even until adulthood, raising important questions about the child’s stability, identity, and sense of belonging. The central issue of this thesis is the discrepancy between the legal concept of foster care as a temporary measure, and its prolonged use in practice. I examine whether such situations affect the child’s safety, development, and sense of stability, and whether the system consistently ensures the child’s best interests. Centers for social work play an important role in both institutions, performing professional, supportive, and guiding functions. In foster care, they participate in placing the child, preparing a family support plan, and monitoring the child’s development. Their work also includes supporting children in coping with traumatic experiences and adapting to a new environment, as well as assisting parents in improving family conditions and strengthening their parenting skills, thereby increasing the chances of a safe reunification. Despite their important role, centers for social work face challenges such as lengthy procedures, staff shortages, and limited resources. As result, families may not receive timely and adequate support, and foster care placements may be unnecessarily prolonged, leading to extended periods of uncertainty for the child. It is therefore essential that decisions are timely, well-considered, and focused on the child’s best interests.
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