Multiparentalidade: a possibilidade de coexistência das parentalidades biológica e socioafetiva e as consequências alimentares daí decorrentes

Abstract

The present study aims at analyzing the possibility or not of coexistence of bilingual and affective parentalities, which was called multiparentality or multi-parenthood, verifying from this context, punctually, the legal consequences of food obligation, especially when the relationship is not expressly stated. Firstly, the concept of the current family, with an emphasis on affection as the central element of the family relations of the 21st century, is analyzed. Once the existence of parental-filial links, originated from affection and family life, has been exposed, the possibility of the coexistence of socio-affective parenting with biological parenting has been verified. In this context, the parents' of legal obligations arising from these relations of affiliation, including with regard to the child by socioaffectivity. In the end, this premise is analyzed in the light of the need or not of a prior declaration of socio-affective parenting as a condition for food to be required and, along with a positive conclusion, it is verified which legal measure could be adopted for the obtaining of the declaration, in order to make the judicial service more expeditious and effective, by means of application, by analogy, of the incident of biological paternity in action of food