The reflections of socio-affective parenthood with implications for grandparents: the absence of recognition of socio-affective grandparenthood

Abstract

Human relationships, whatever they may be, stem from a common bond: affection. This bond often creates a new family entity, whether biological or affective. As it is a dynamic social science, current law has seen the need to recognize new family configurations that already existed in fact but had not yet been the subject of legal study. Among these new models, the family relationships originating solely from affective bonds stand out, which are recognized by society itself as members of the same family, popularly known as "foster children" and, legally, as socio-affectivity. By placing socio-affective connection on the same level of importance as blood ties through jurisprudence, so that one does not overshadow the other, numerous families living under this mold began to have visibility before the law. Thus, a question arose: if, even with the normative vacuum, there would be the possibility of recognizing avoengo socio-affectivity? To answer the question, a deductive research methodology was used, through bibliographies, documents, and analysis of the Civil Codes of 1916 and 2002. It was concluded that there are no explicit impediments to socio-affectivity; on the contrary, there is principled support that underlies the possibility of such recognition.