New forms of family: a review of multiparentality and coparentality

Abstract

This article examines the emergence of new family structures, with particular emphasis on multiparenthood and coparenthood, phenomena that stem from social transformations and call for legal adaptation. It explores affectivity as a foundational principle of Family Law and as a legitimate basis for the establishment of parental bonds. The evolution of the concept of family reveals that its constitution is no longer confined to biological ties alone, as bonds forged through affection have become an undeniable reality. Consequently, socio-affectivity assumes a central role and proves essential to contemporary family dynamics. The study addresses multiparenthood by analyzing its historical development, conceptual contours, patrimonial and extrajudicial implications, as well as the potential for its extrajudicial recognition. Likewise, it examines coparenthood, outlining its definition, legal effects, and contractual possibilities. Methodologically, the research employs a deductive approach with a bibliographic basis, drawing on both scholarly literature and judicial precedents, which were fundamental to the analysis of the subject. In conclusion, social reality cannot be disregarded: these new family forms arise from lived experience, and their recognition directly contributes to the construction of a more inclusive and plural Family Law, firmly grounded in human dignity and constitutional principles.