RECONOCIMIENTO DE LA FILIACIÓN POR COMPLACENCIA. A PROPÓSITO DE LA SENTENCIA DEL TRIBUNAL SUPREMO DE 29 DE NOVIEMBRE DE 2010.

Abstract

Acknowledgements of paternity/maternity as a matter of convenience have risen in number in recent times. An acknowledgement of convenience is a means of settling marital or non-marital filiation wherein the person acknowledging parenthood is aware of and knows that the child at issue is not his/her biological child and, even so, for reasons that may vary, sees fit to present him/herself as the parent. There are no specific terms regulating acknowledgements of convenience in the Civil Code; it is therefore necessary to create legislation to address the issue of such acknowledgements and how they can be challenged, based on the existing general rules concerning acknowledgement in the Civil Code. This study attempts to build a foundation upon which acknowledgements of convenience can operate, not only fixing a system of rules, but also defining the types of action that could be taken to challenge such acknowledgements (referred to in the Supreme Court's ruling of 29 November 2010, to which we too shall refer) or to have them declared void.