SOCIO-AFFECTIVE PATERNITY AND ITS LEGAL EFFECTS

Abstract

Socio-affective paternity is a concept that recognizes bonds of affection and cohabitation as constitutive elements of the relationship between parents and children, regardless of biological ties. In Brazil, jurisprudence and doctrine have been expanding the recognition of this institution, conferring relevant legal effects upon it. Therefore, this study sought to analyze the legal effects of socio-affective paternity in the Brazilian legal system, considering its doctrinal and jurisprudential evolution. The research was based on a bibliographic review, grounded in scientific articles, books, periodicals, and current legislation on the subject. Data collection was carried out using databases such as Scielo, Google Scholar, among others, from 2020 to 2025. The results showed that the recognition of socio-affective paternity finds support in the constitutional principles of human dignity, equality among children, and the comprehensive protection of children and adolescents. In this context, case law has played an essential role in consolidating understandings that value the socio-affective bond as a legitimate source of rights and duties. Among the legal effects arising from socio-affective paternity, the right to a name, to cohabitation, to inheritance, and to alimony stand out, as well as the duty of support and care on the part of the socio-affective father. However, the institution still faces significant challenges. The lack of specific legislation generates legal uncertainty and opens space for divergent interpretations, especially in cases of multiparentality and coexistence between biological and affective bonds.