Socio-affectivity and the impact of the triple filial bond in the current family context

Abstract

The regulatory requirement that a person cannot have more than two filial ties contradicts, in particular cases, fundamental principles inherent to every person, such as the right to identity, whose protection is reflected in our National Constitution as a fundamental human right, as well as in the provisions of the American Convention on Human Rights and the Convention on the Rights of the Child, which are incorporated into our Constitution. The different and multiple ways of kinship today (paternal/maternal ties) through the family structures that exist in these times highlight the historicism of the term family, undermining the traditional idea that was held about it. Assisted human reproduction techniques and certain adoptions involve factual situations and legal effects that sometimes require setting aside the provision in the last paragraph of Article 558 of the National Civil and Commercial Code. However, it would not be appropriate to declare the unconstitutionality of that provision contained in the invoked body of law. Cases of multiple parenthood may be resolved in light of Articles 1 and 2 of the NC&CC when the best interests of the child so warrant.