Socio-affective Parenthood and Multiparenthood

The Principle of Affectivity and Its Impacts on Contemporary Parenthood

Abstract

This paper aims to analyze the legal and social effects of socio-affective filiation and multi-parenthood in the Brazilian legal system, in light of the principle of affectivity and contemporary transformations in family structures. The research is based on the observation that the concept of family has evolved, recognizing parental bonds built not only on biological or adoption grounds, but also on affection, coexistence, and the exercise of the parental role. Using a qualitative approach and a legal-dogmatic method, the current legislation, doctrine, case law of the Federal Supreme Court and Superior Court of Justice, and Provision No. 149/2023 of the National Council of Justice (CNJ), which allows for the extrajudicial recognition of socio-affective filiation, were examined. The study also addressed the impacts of multi-parenthood, especially regarding the rights and duties attributed to biological and socio-affective parents. It was found that, although case law has made significant progress in recognizing these forms of parenting, the lack of specific legislation still creates legal uncertainty. It is concluded that it is essential to create clear and uniform standards that ensure the comprehensive protection of children and adolescents, consolidating the principle of affection as a structuring vector of Family Law.