SPAIN Law and Practice Contributed by: Esther Susín, E. Susín International Law Firm
sion of parental authority, which allows the other parent or a third party to exercise it exclusively. The marital status of the parents at the time of concep - tion or birth does not prevent this consequence if the legal requirements are met. • Particularities of Catalan law – in Catalonia, the exception contained in the CC that allows the mother to suspend the registration of non-marital paternal filiation does not apply, giving precedence to the principles of biological truth and • favor filii . This reinforces the protection of the child and the attribution of parental authority in accord - ance with the biological reality and the best inter - ests of the child, regardless of the marital status of the parents. 1.6 Same-Sex Relationships The following elements must be present for parental responsibility in same-sex couples to be recognised: • existence of a homosexual couple who have formed a family with a minor child; • one member of the couple has no genetic link to the child; • the non-genetic parent requests recognition of parental authority; • the best interests of the child are a central element in the decision; and • the court decision grants parental authority to the non-genetic parent. Different Cases of Jurisprudence • Case in which a female couple requested that the non-biological mother be recognised as the holder of parental authority, the claim being upheld on the grounds of the best interests of the child and stable cohabitation. • Resolution in which parental authority was given to a man in a homosexual couple, without a genetic link, for having actively participated in the upbring - ing and education of the minor. • Judgment that granted parental authority to the non-biological mother in a female couple, empha - sising the procreational intent and family stability. • Case in which parental authority was granted to the non-genetic parent in a homosexual couple, after proving the existence of a shared parental
project and the integration of the child into the family nucleus. • Resolution in favour of the attribution of parental authority to the non-biological parent, based on the protection of the child and the equalisation of rights within same-sex families. • Judgment that awarded parental authority to the non-genetic parent, highlighting the importance of parental co-responsibility and non-discrimination on the basis of sexual orientation. 1.7 Adoption In order for cases to be comparable to the one raised, the following elements must be present: • existence of a procedure for the adoption of a minor; • biological parents are subject to deprivation of parental authority (for serious and repeated breach of parental duties, abandonment, abandonment, etc); • debate over whether the consent of the biologi - cal parents is necessary for adoption or whether a simple hearing is sufficient; and • the best interests of the child are at the centre of the decision. What follows is a selection of different jurisprudence whose conclusions align with the principle that the assent of biological parents is not necessary if they are subject to deprivation of parental authority. • The consent of biological parents is not necessary for adoption if they are involved in a legal cause of deprivation of parental authority, even if there is no prior judicial declaration. The best interests of the child and the effective protection of their rights take priority. • Parents involved in the cause of deprivation of parental authority must only be heard in the adop - tion proceedings, without the need for their assent. This clarifies the procedure and the exceptional nature of the measure. • The consent of the biological parents is not nec - essary for the adoption of the child if they are involved in a cause of deprivation of parental authority, highlighting the assessment of parental skills.
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