THE LEGAL CERTAINTY OF THE RECOGNITION OF SOCIO-AFFECTIVE PARENTHOOD AND ITS DIRECT EFFECTS

Abstract

Family relationships are, by far, the most complex that human beings have developed, as all others (professional, social, etc.) come from them. In them, for various reasons (such as death, abandonment or distance, for example), the parental role is not always fulfilled by the biological parent but rather by the so-called “foster” fathers or mothers. The present work aims to analyze the effectiveness of the application of the guidelines contained in Provisions 63/2017 and 83/2019 of the Internal Affairs of the National Council of Justice, so that the recognition of socio-affective parenting is carried out in order to bring it to legal reality, producing legal effects and guaranteeing specific rights to filiation and heredity, through a historical-bibliographical analysis and using the explanatory descriptive method. We will seek to demonstrate that this institute is capable of enabling the expression of will of those involved, parents and socio-affective children, to give them the support that the Constitution and the relevant infra-constitutional norms offer.