La filiación en el matrimonio igualitario.

Abstract

Although nowadays the taboos surrounding homosexuality have significantly decreased, there seems to be a social resistance to address the subject in depth and, especially, to allow significant advances in the legal field. In heterosexual relationships, the responsibility of the parents towards the children is determined according to the DNA tests that certify the blood relationship between them, meaning that there is no way to waive the obligations corresponding to alimony, daily care, health, education, and so on. However, in cases of homosexual couples who resort to assisted reproductive technologies to conceive, only one of the members will be the biological parent, thus allowing the possibility of challenging the filiation by arguing the absence of direct parentage. This paper will explore the role of parental will as the essential element in the establishment of filiation, in relation to the right to identity and the principle of the best interests of the child. This paper will examine how these elements, analyzed in the light of comparative law, should guarantee the filiation between same-sex couples and their children, even in the absence of a biological link, promoting the need for urgent legal measures that recognize and protect the rights of diverse families.