The recognition of social affective paternity and the possibility of exclusion of biologic father

Authors

  • Camila Andreia Dall'agnol Universidade do Contestado (UNC)
  • Morgana Henicka Galio Universidade do Contestado (UNC)

DOI:

https://doi.org/10.24302/acaddir.v4.3243

Keywords:

Affective social paternity, Present, Exclusion, Recognition

Abstract

This article aims to bring the concept of family today, the new forms of family that are accepted in today's society, such as affective parenting. Thus, the bond of affection created between family members can sometimes overcome the biological bond that exists there. In this context, there is a discussion about the possibility of exclusion of the biological father in cases in which there is recognition of socio-affective paternity, what are the patrimonial reflexes that take place before this rendered decision. It is necessary to understand the concept of family nowadays, since the family has undergone / and or has undergone transformations over the years, and for that reason nowadays the recognition of family, fatherhood, motherhood has assumed a meaning beyond what was really known. Today the family is based on affection, that is, currently the fact of being a father due to the blood bond does not mean having affection. This will analyze the possibility of excluding the biological father, and the inclusion of the affective father in the face of a concrete case study.Finally, it is concluded that there is the possibility of excluding the surname of the biological father, which characterizes the affective bond as the strongest bond within the family relationship, confirming that the genetic bond is not enough to build a family.

Author Biographies

Camila Andreia Dall'agnol, Universidade do Contestado (UNC)

Graduanda em Direito pela Universidade do Contestado - UNC, Campus Concórdia, Santa Catarina. Brasil.

Morgana Henicka Galio, Universidade do Contestado (UNC)

Mestre em Direito pela Universidade Federal de Santa Catarina - UFSC, Membro do Instituto Brasileiro de Direito Processual - IBDP, professora no Curso de Direito da Universidade do Contestato - Campus Concórdia. Santa Catarina. Brasil.

Published

2022-03-03

How to Cite

Dall’agnol, C. A., & Galio, M. H. (2022). The recognition of social affective paternity and the possibility of exclusion of biologic father. Academia De Direito, 4, 516–534. https://doi.org/10.24302/acaddir.v4.3243

Issue

Section

Artigos