Abstract

ALVENTOSA DEL RIO, Josefina. DOUBLE MOTHERHOOD. MARRIAGE FILIATION’S CLAIM BASED IN POSSESSION OF STATUS. BIOLOGICAL MOTHERHOOD AND MATERNITY AS LEGAL FICTION: ATTENDANCE AND SIMULTANEITY. COMMENT ON STS NO. STS 740/2013, OF 5 DECEMBER (RJ 2013, 7566). Rev. Bol. Der. [online]. 2014, n.18, pp.378-399. ISSN 2070-8157.

ABSTRACT: In the case of marriage of women and use of assisted fertilization the Supreme Court considers that it is possible the determination of the parentage arising without formal requirements, such as prior consent in the Civil Registry.The Court considers that it is sufficient to give the consent in the medical center for the assisted reproduction and the common will of conceiving a child, which legitimizes the exercise of a claim action, recognizing the apparent status based on the consent and that will, together with others evidences, and taking into account the interest of the minor and the criterion of unity and stability of the same family.

Keywords : Double motherhood; in vitro fertilization; marriage filiation's claim; possession of status; non-pregnant spouse's consent.

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