In the end of November, the National Courts of Justice (CNJ) published the Proceeding n. 63/2017 that, establishes unique models of birth, marriage and death certificates, provides new rules about voluntary recognition and registration of socioaffective maternity and paternity and the registration of birth and issuance of the certificate of the children born by assisted reproduction.
Through this new rules introduced by the aforementioned Ruling, it was authorized that the recognition that socio-affective maternity and paternity can be formalized directly by the civil registry offices of natural persons, that is, there is no need to obtain a prior court decision, as previously required.
However, when it was published, the Ruling raised questioning regarding its applicability, considering that it was not very clear the possibility of recognition of the multiparentality, that is, the possibility of registering more than two parents on the birth certificate.
Thus, in order to answer these questioning and give more details about the Ruling, on last December 6th, the National Association of Natural Persons Registries (ARPEN) issued a clarification note, in which clarified that the Ruling effectively authorized the out of court registration of the multiparentality, allowing the registration of a socio-affective paternity or maternity even if the biological affiliation is already registered.
However, according to ARPEN’s note, the article 14 of Ruling n. 63, which establishes a limit of no more than two fathers or two mothers (four in total) must be respected, hence cannot be three fathers and one mother or one father and three mothers.
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