In the family law scenario today, many people find it very difficult to know whether grandparents can be included as parents of children on the birth certificate and also be included as dependents in health plans. Lawyer Elizabeth Lannes, who specializes in family law, will explain how to do this.
How is it possible to prove socio-affective paternity?
Through socio-affective investigation, affective bond in relation to the child, there is the so-called "possession of the status of a child" which means that the child and the father present themselves to the whole of society, where everyone recognizes them as such. This happens when the biological father does not express his desire to register the child and opens a socio-affective investigation for the registration to go to the grandparents, however most of the time they may be experiencing a disease and with this they are unable to express their willingness to register. it.
Is it only recognized via the Judiciary?
The recognition of paternity does not only need the judiciary, a law recently came out that says that it does not need the judiciary to recognize paternity.
Provision 63, of November 14, 2017, of the CNJ, published on November 17, 2017 (Diário da Justiça – CNJ – Edition no 191/2017) regulates the RECOGNITION OF THE SOCIO-AFFECTIVE SON directly in the Registry, that is, regardless of sentence judicial.
Does this decision by the TJ-DF generate jurisprudence? This decision was already jurisprudence.
Is there another way for a grandchild raised by grandparents to include them as dependents on IR and health insurance, for example?
Grandparents can be included in the health plan, demonstrating a socio-affective bond, that they were the parents who registered it and just as the biological parents have this right, so do the socio-affective ones.
According to the lawyer Elizabeth Lannes, since November 2017, it is possible that this process also occurs in an extrajudicial way, with registration in a notary. The effects will be the same as those of an adoption, in which the adopter undertakes to provide food, education and leisure, among others.
Source: Elizabeth Lannes, lawyer specializing in family law