A coexistência da posse do estado de filho e a verdade biológica: fenômeno da multiparentalidade

Abstract

The concept of the family has undergone numerous transformations throughout the ages, so that, today, it is based on affection. I affectionate this one that constitutes families, independent of biological bonds, giving rise to the multiparentality in the familiar bosom, in which a child can have more of a father, more of a mother, two parents and a mother, etc., in its birth register. Multiparentality can have several effects, but, in this work, it was chosen to approach, on homoaffective families, in unilateral adoption and in the multi-parent family. Moreover, it was addressed to the coexistence of "biological truth" and socio-affective paternity, without which it would restrict the freedom of individuals, disrespecting the principles of the best interest of the child, affectivity and family solidarity, principles that are treated in this study. Finally, the need for regulation of multiparentality in the Brazilian legal system was explained, since, despite being implicitly protected in the Constitution and Civil Code, the absence of regulation misrepresents this institute of Family Law