EL MENOR ANTE LA NUEVA REALIDAD JURÍDICA.

Abstract

The deep-reaching questioned and questionable reforms of family law in Spain have caused a number of legal and social problems. Among other things, several of these reforms affect the situation of underage children. It must always be borne in mind that the very term «underage» entails a certain lessened ability in relationship with persons who are «of age». What this paper deals with is the situation of the underage child in the new family realities of de facto families, juvenile cohabitation, test marriages and free unions. And, as a subtype of the first, homosexual de facto partners. Such realities are the environment where many underage children live and develop. It is affirmed that such an environment, for several reasons, is inappropriate for the correct development of the child in all facets, because the human being is born in utter intellectual indigence. This indigence includes one piece of information: that at age two a child is still unaware if it is male or female. It is considered that from article 154 of the Civil Code it can be deduced, inter alia, that the basic objective of the rule has got to be the well-being of the child. This concept is moreover a difficult one to pin down. Perhaps an indeterminate legal concept. In short, it is affirmed that the proper environment for children to live in is that of a heterosexual matrimonial family, as that is the child's natural environment. The only environment that no doubt potentially furnishes all the guarantees and advantages for the harmonious development and well-being of those who deserve and need everything.