GENETIC LINKAGE AS A SUBSTITUTE FOR BLOOD TIES IN THE RECOGNITION OF MULTIPARENTALITY:
A READING FROM THE RIGHTS OF PERSONALITY
Abstract
The dignity of the human being is an attribute whose recognition stems from a slow historical construction, which directly impacted the emergence of minimum rights to the individual's development: the personality rights. Among such rights that protect the human essence itself, the right to personal identity stands out and, in this context, the family blood bond highlights as an human identifying element, later replaced by genetic identity. This biological identification of the person, made possible by the advent of biotechnology, began to accurately determine paternity within the family. The consolidation of affection as the essence of family relationships, however, introduces a new modality of paternity based on socio-affectiveness, de-biologizing genetic paternity. From this paternity conflict, in 2016, the Federal Supreme Court established the issue n.622, consolidating the possibility of several distinct paternity being recognized simultaneously. This thesis, however, in addition to being a potential generator of various practical difficulties, ended up overvaluing the blood-genetic criteria, and diluting paternity itself. Using a deductive hypothetical method, through bibliographical and jurisprudential review, this article aims to deepen this discussion and alert to the need for a careful analysis of the concrete case before adopting the multiparenting solution.