Filiation refers to the parental relationship that leads to lineage and isn’t solely established by biological ties but can also result from adoption or acknowledgment of children.
Specifically, filiation can be determined by:
- Presumption of paternity within marriage.
- A definitive court ruling.
- Adoption following the formal process.
- Acknowledgment of extramarital children.
- Childbirth, in the case of the mother.
Types of filiation
Among the types of filiation, there’s natural filiation and adoptive filiation established through a judicial decision:
Natural filiation
- Marital.
- Non-Marital.
Marital natural filiation
Filiation is considered marital when, at the time of the child’s birth, the parents are married or marry after the birth. However, if the marriage occurs after the birth of the children, it’s considered marital through a definitive court ruling or through the simultaneous registration of birth and marriage.
Non-marital natural filiation
Non-marital natural filiation is the situation where the parents have not married.
Adoptive filiation:
- For minors.
- For adults.
Adoptive filiation of a minor
Non-biological filiation is adoption, established by a judicial decision, considering the suitability of the adopter(s) and the interests of the adoptee.
The Civil Code stipulates a requirement of being over 25 years old, with an age difference of at least 16 years and not exceeding 45.
Adoptive filiation of an adult
Adoption of an adult is also part of the voluntary jurisdiction process that constitutes non-biological filiation.
To adopt an adult, consent from both adopter and adoptee is sufficient, although there must have been a stable cohabitation of at least one year before the adoption.
In Family Law, it’s vital to differentiate between ordinary and extraordinary expenses. The key distinction between these types of expenses lies in their predictability.