Claim of extramarital filiation by possession of state of the couple and then wife of the mother by nature

Abstract

The article 7.3 of the law 14/2006, of may 26 on assisted reproduction techniques law establishes the determination of filiation due to double maternity when the woman is married and not legally or de facto separated from another woman. If this route is not possible, the determination of the filiation procedes through the exercise of the claim action of the filiation by possession of state provided for in article 131 of civil code. In the judgment of the Supreme Court, Civil Chambre, of January 27, 2022, after analyzing the concurrrent circunstances of the case, such is claim is not admited since the possession of status is not proven, nor the benefit that it would bring for the personal and family stability of the child the creation by sentence of a legal relationship that is not base don the biological link and on the no-existence of a filial material relationship of the non-biological mother with respect to the minor. The present study is going centre on the analysis of the claim of non-marital filiation by possession of state and its effects in the case of double motherhood.