DOUBLE PATERNITY IN CIVIL REGISTRY AND ITS EFFECTS

Abstract

This work aims to bring the attention of the whole society to a very recurrent theme in Brazilian homes: the coexistence of biological and socio-affective paternity. Thus, we seek to present the entire historical evolution of the legal concept of family, aiming at a better understanding of how this family model emerged and what it consists of. The main modalities of affiliation in the current Brazilian legal system are presented, to individually substantiate the parameters that allow the legal recognition, both of biological affiliation, and socio-affective affiliation. Furthermore, to recognize the possibility of coexistence between both, the article brings an understanding of the doctrine and jurisprudence of the Superior Courts. Afterward, the objective is to reach the central point of the entire development of the text, describing the most important legal consequences that may arise from the recognition of a dual filiation in the civil registry. To this end, we sought to present which areas would be most likely to suffer the effects of this new registration possibility of filiation, concluding that the legal consequences arising from the recognition of dual parenthood are the same as those of the recognition of parenthood resulting from the exclusive consanguinity. Thus resulting in the reciprocal obligation of food payments, the right to a healthy family nucleus and  coexistence, as well as all other rights in the same term as any other family member with the same degree of kinship.