Filiation is the legal relationship that links certain people, who may or may not be parents, with others. It determines a set of rights, obligations and duties between them. Filiation primarily addresses the interests of the children .
Article 39.2 of the Spanish Constitution provides for the free investigation of paternity.
Article 39.2 CE: 2. The public authorities also ensure the comprehensive protection of children, of their parentage, and of mothers, regardless of their marital status. The law shall make it possible to investigate paternity.
The legislator must accommodate this, which is why the Civil Procedure Law, in sri lanka phone numbers articles 764 and following , establishes that in trials on filiation, paternity and maternity may be investigated, including all types of evidence, including biological evidence. Direct and indirect evidence.
Types of affiliation
Filiation by nature
Adoptive affiliation
Let's focus on filiation by nature, which has a biological basis, whether through normal procreation methods or assisted reproduction. Within this filiation we have two other types:
Marital filiation : occurs within a marriage. This filiation is presumed. Both are the parents of the child.
Extramarital filiation : outside of marriage, there must be recognition by the parents. There is no presumption.
Both are equal and there is no discrimination.
Some of the obligations generated by filiation are: the right to a surname; parents have the right to have relations with their children, even if they do not exercise parental authority; succession rights: descendants are forced heirs of their ancestors, of their parents, and in turn, these are forced heirs of their descendants. Testate, legitimate succession (2/3 for children; without children but with parents, a part must go to them) Intestate succession, the heirs in the first place will be the children (all their inheritance will go to them) in the absence of children, it will go to their parents. If filiation is determined, after the death of the parent, the child continues to have succession rights.
Who are equal before the law regardless
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