The imbalance between the rights and obligations of stepchildren in family and inheritance law

Abstract

The conference paper will examine the imbalance between the rights and obligations of stepchildren in family and inheritance law. Georgian legislation disproportionately defines the rights and responsibilities of stepchildren, assigning them greater obligations than their capacities allow. This discrepancy creates practical challenges and complicates judicial proceedings. Family law requires stepchildren to support their incapacitated stepparents by imposing alimony obligations. However, stepchildren are not included in the legal heirs’ list. Furthermore, if stepparents have no legal heirs, stepchildren are still not recognized as heirs, and the property is transferred to the state. Such legal provisions raise concerns regarding the constitutional rights of stepchildren. There is no unified perspective among scholars about the role stepchildren occupy or should occupy in family and inheritance law or how their rights and obligations should be balanced. This lack of consensus underscores the importance of analyzing this issue. The research draws upon: the Civil Code of Georgia, scholarly legal perspectives, court decisions, and the legislation and practices of foreign countries.