A multiparentalidade: coexistência do vínculo afetivo e biológico como a solução ideal

Abstract

This article aims to conduct a brief analysis on the possibility of recognizing the legal phenomenon of multiparenting, i.e. the simultaneous coexistence of paternity/maternity. Before entering the main theme, the article will emphasize the legislative evolution of the family concept in the Brazilian legal system with a focus on the 1988 Federal Constitution, since it was responsible for expanding the kinds of family. Then it analyzes the principle of affection as the foundation of current family. Finally, we present a real case in which a couple enters with of impeachment process against a familiar power concurrently with adoption with a view to adopting a child who was actually in their care. It turns out that, compared to the existing biological link between the biological mother and the child, the judge understood that would serve the best interests of this and preserve their dignity the concurrence of both maternal ties.