A multiparentalidade nos novos arranjos familiares

Abstract

Families are in constant vicissitude, as well as family entitlement, which must accompany these changes. The Federal Constitution of 1988 no longer recognize only the marital family (man and woman united by marriage) as a family entity, expanding its role and admitting an infinity of family arrangements endorsed by constitutional principles. Within the evolution of family relationships it is displayed the multiparentality, institute that recognizes the socio-affective afiliation concomitant with biological, culminating in multiple filiations. This institute was not accomplished by the lawmakers, but receives great acceptance of the magistrates, disciplinarians and it is consolidated matter in the legal order. The current work is determined to moot, in a first moment, the evolution of the families, from the prehistoric stages of the civilization to the family in the postmodern civilization, considering the sorts of families at the present time, their relations of filiation while biological, registry and socio-affective. Subsequently, introducing in a specific way the institute of multiparentality as a developmental element of new families and its legal consequences in public records. In an in-depth analysis, we will approach the multiparentality institute and the three-dimensional theory of Family Law taught by Belmiro Pedro Welter as a foundation for the acknowledgment of multiparentality. The constitutional principles, which are also the legal framework for the acceptance of the institute, will be appraised by the use of co-parenting, what is the responsible planning of paternity, as a manner to establish a multiparental family, to fathom and scrutinize recent judicial decisions that bring as a topic cases of presumed multiparentality. Ultimately, we study the effects of multiparentality in public records and how the name insertion of the socio-affective parent in the infant's birth record function.