Filiation is a legal right existing between two people where one is the descendent of the other, whether due to nature (biological child) or a legal act (adopted or foster child).
In our society, there are new models of family, largely derived from technological, scientific and medical advances. In addition, the new forms of marriage and common-law partnership envisaged under Spanish legislation mean that families are not based solely on kinship. For this reason, our team specialising in Family Law and International Family Law have the necessary expertise to provide advice on parent-child relationships. That is, any legal relationships between children and their parents, originating from married, unmarried or adoptive parents, without any legal distinction existing between these children. Filiation is determined following the birth and subsequent registration of the child at the civil registry, or following a registration through adoption.
Our legal team handle both claims for and appeals against filiation. The first case is the right that every person has to go to court to clarify their filiation status either as offspring, or as parent. The second is the refusal to recognise the parent-child relationship entered in the Civil Registry, namely when parenthood is denied to one of the spouses despite the presumption of filiation of a child born in wedlock. Paternity and maternity is investigated during these trials via tests, including biological ones, given that the study of DNA is the most accurate means of ascertaining these as well as the one that offers the most reliable guarantees.
Our experts can advise you on the steps to follow if you wish to challenge paternity, to have such recognised, or to provide guidance in respect of any questions regarding parent-child relationships.