Affiliation

The Supreme Court (TS) has ruled on a case regarding the claim of paternity when there is no marriage between the parents and there is no "possession of status" (meaning, when the child has never been considered by all as the child of that father). The person who filed the lawsuit tried to have the courts recognize paternity over a minor, but encountered a problem, the legal deadline for claiming had already passed, and this fact was key to dismissing the claim. The plaintiff tried to justify the delay by stating that the

mother put up many obstacles and did not allow him to prove that he lived as a father with the minor, but for the TS this was not proven. Additionally, nothing prevented starting the process within the legal deadline, even if he did not have that "possession of status". Many people may think that, given the importance of the matter for the minor, the courts should

be more flexible, especially regarding the right to know biological origins, but the TS insists that the law sets clear deadlines to avoid the uncertainty that would arise if affiliation could be endlessly disputed. It is also not necessary to notify the minor in the procedure or appoint a specific legal guardian because the Public Prosecutor already protects their interests in these cases. The TS rejects the claim because the

deadline has expired to claim, and this does not violate either the minor's interest or their right to know their biological father. If you need a lawyer for the processing of an affiliation process in order to claim or challenge a paternal, maternal, marital, or non-marital affiliation, our professionals will know how to resolve all your doubts and provide you with the necessary legal assistance.

If you need a lawyer to process a paternity action in order to claim or challenge a paternal, maternal, marital or non-marital filiation, our professionals will know how to resolve all your doubts and provide the necessary legal assistance.