The Principle of Verisimilitude and Artificial Filiation Links: Biology as a Model for the Law of Parent and Child
International Journal of the Jurisprudence of the Family, Vol. 2
Posted: 4 Jan 2012
Date Written: January 3, 2012
Recent developments in law concerning the basic relationship between parents and children put at stake the very legal concept of filiation. This is the case in Spanish Law, which allows both same-sex adoption and same-sex parenting in cases of medically assisted procreation. In order to face properly those new legal provisions, revisiting the concept of filiation is needed. This paper suggest that filiation is neither a legal nor a social construction, but a biological fact. Biology provides the basic structure for a relationship to be considered as one of filiation. The principle of verisimilitude, this paper proposes, requires that the law regarding the main structure of filiation be guided by the biological model.
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