MULTIPARENTALITY AND THE NEW FAMILY LAW Guilherme Schmidt Hayama

Abstract

This article presents, in a contextual, concise and historical manner, the evolution of family law regarding the institution of multi-parenthood applied in the Brazilian legal system, elucidating its requirements determined by the doctrine and its requirement in the courts, using as a research method the analysis of the decisions handed down by the courts and the Brazilian doctrine, aiming to bring a current concept to the institution. The introduction will contain a brief presentation of what multi-parenthood is, relating it to its historical basis. It will also present understandings established in national jurisprudence, highlighting the importance of adapting family law to the corollary of protection and equality between biological and socio-affective parenthood. In conclusion, some considerations will be presented regarding proposing legislative changes so that the concept of multiparental family becomes narrower, in the sense that it no longer needs to rely on the open concept (... kinship is natural or civil, depending on whether it results from consanguinity or another origin.) of article 1,593 of the Civil Code, but rather a device that adapts to new existing families and prepares to welcome those yet to come.