THE EFFECTS OF SOCIO-AFFECTIVE MOTHERHOOD AND FATHERHOOD

Abstract

This article aims to analyze the legal and social impacts of socio-affective parenthood within contemporary Brazilian families. The relevance of this topic lies in the transformations of family structures and the absence of specific legislation regulating socio-affective bonds, which leads to legal uncertainty and compromises the protection of children's rights. The study employed a qualitative approach, both exploratory and explanatory, through bibliographic review and document analysis. The findings indicate that affection, as the foundation of parental relationships, has been increasingly valued by case law, consolidating itself as a basis for parentage, especially with the recognition of multiparenthood and the principle of the best interests of the child. However, the lack of regulation within the Civil Code creates obstacles to securing rights derived from socio-affectivity, such as succession rights and civil registration. It is concluded that, although socio-affective parenthood represents significant progress in Family Law by legitimizing various forms of parentage, immediate legal reform is required to ensure equality and legal certainty for families formed through affective bonds, thereby reinforcing inclusion and respect for family diversity.