Controversial Aspects of Multiparenting and Spaces under Construction

Abstract

This study deals with the legal consequences of multiparenting still in discussion, allowing a reflection and advancement in the theme. It deals with the institute's patrimonial and overtime effects to then enter the topics that allow this discussion, outlining here possible ways for a solution. Analyzes the consequence of multiparenting in adoption, biological and socioaffective affiliation, and the use of assisted reproduction techniques in fertilization clinics. In adoption, it proposes a rereading of Art. 41 of the ECA in the sense of not determining the break with the family of origin in situations of multiparenthood. It studies situations in which the child may have multiple socio-affective ties and even, exceptionally, as in the judgment of the Court of Justice of Goiás, a multiple biological link. Finally, it proposes a flexibility with regard to the secrecy of the donor of genetic material for assisted reproduction techniques, in parenting project situations, so that all are included in the registry. It uses doctrinal and jurisprudential studies, with a deductive method, proposing this readjustment of the institute with the Law.