We often take many things for granted, especially matters as fundamental as who our parents are. Yet this subject can turn into genuine unresolved legal issues. That is why it is important to have a basic understanding of parentage and its implications.
In any case, it is always advisable to turn to a lawyer who is an expert in the matter and who can guide us on this subject. At BBMabogados we have lawyers qualified in these matters, so please do not hesitate to contact us.
What is parentage?
Legally, parentage is the bond that exists between parents and their children, which gives rise to various rights and obligations. It is worth noting that this bond may be biological (birth) or legal (adoptive), with no distinction whatsoever as to its content or whether the children are born within or outside marriage.
It should also be made clear that there may be cases in which biological parentage does not coincide with legal parentage, without this having arisen from an adoption process. An example of this is the man who acknowledges as his own a child conceived by another.
Types of parentage
On this point, the Civil Code establishes parentage by nature, which may be marital or non-marital, and parentage by adoption. Despite this distinction, both types produce the same effects.
PARENTAGE BY NATURE
As can be inferred, this refers to the biological link between parents and children. The bond is given by blood ties.
MARITAL
In this case of parentage by nature, the father and the mother are married to each other when their child is born.
NON-MARITAL
When the birth occurs during a relationship not based on marriage.
ADOPTIVE PARENTAGE
Adoption severs the adopted child from their primary biological family. In this way, they become part of the adoptive family, once there is a final court judgment declaring the adoption. In such a case, they are placed entirely on an equal footing with a marital blood child of the adopters.
Effects of parentage
As we noted, parentage, regardless of its type, produces various legal effects that it is always important to know, namely:
SURNAMES
Parentage determines the child’s surnames. The general rule, when both parents acknowledge being the child’s parents, is that they will agree the order of the surnames at the time of the registry entry.
However, in the event of disagreement, the officer of the Civil Registry will decide the order, having regard to the best interests of the child.
DUTY OF MAINTENANCE
Parents are under a duty to provide maintenance to their children, and the children are entitled to receive it.
SUCCESSION RIGHTS
The Civil Code recognises the child’s rights to the reserved share (legítima) and to intestate succession, as well as various succession rights.
PARENTAL AUTHORITY
The parents’ parental authority over the children is determined. This comprises a set of rights and obligations aimed at the care and protection of the child.
NATIONALITY
Acknowledged parentage with one of the parents holding Spanish nationality will grant nationality rights to the child, under the following rules:
Those born of a Spanish father or mother shall be Spanish; as shall those born in Spain of foreign parents if at least one of them was also born in Spain.
Likewise, those born in Spain of foreign parents, if both are stateless or if the legislation of neither of them attributes a nationality to the child. Finally, those born in Spain whose parentage is not determined.
Determining parentage: presumptions and evidence
The entry in the Civil Registry is the means of proof par excellence of parentage, in the case of voluntary acknowledgement. It can also be proved by a final judgment, once some court parentage procedure has concluded, or by the presumption of marital paternity. If none of the above situations applies, parentage may be determined by possession of status (posesión de estado), that is, through the constant, public and certain exercise of the civil status of a child.
For its part, in the case of marriage, any child conceived during the marital relationship shall be regarded as the child of the spouses, unless proven otherwise. That said, where there is no marriage, the voluntary act of acknowledgement is the most common way of determining parentage. This acknowledgement must be made before the officer of the Civil Registry, or by will or by some public document.
Parentage actions in Santander
In relation to parentage, there may be parentage claims (acciones de reclamación de filiación), the purpose of which is to establish a biological relationship between parents and children. That is, to compel a parent to acknowledge a child as their own.
Likewise, there may be actions to challenge parentage, which seek to challenge a father’s paternity over the child. It should be noted, however, that for this type of action there is a deadline of one year from the registry entry of the parentage.
Turn to the best professional advice
If you need any legal guidance on this important subject, do not hesitate to turn to an expert lawyer. They will guide you on the appropriate actions and their immediate and future consequences.
At BBMabogados we are at your disposal to advise you with the aim of helping you resolve any kind of dispute concerning parentage in Santander.
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