The establishment of non-matrimonial filiation in assisted reproduction

Abstract

In the problems arising from the determination of filiation, many questions must be taken into account, including whether we are dealing with a case of matrimonial or non-matrimonial filiation. Another issue that must be taken into account is the determination of filiation in cases of assisted reproduction techniques, especially in these cases in which it is carried out by a single woman, without a stable partner or the consent of another person, but nevertheless controversy arises regarding the filiation of the child with respect to third parties. In this article we analyse these concepts in matters of filiation, which can sometimes be diffuse and can generate controversy, all these questions being resolved by case law. For this reason, we analyse Supreme Court Judgment 1526/2024 in which the filiation of the minor child in a non-marital relationship is discussed between two people, having been conceived through assisted reproduction techniques in which the male had nothing to do with.