Definition of

Filiation

Mother and son affiliation

Affiliation can occur through a natural or legal link.

The Latin word filiatio came to our language as filiation . This is what the act and consequence of joining or becoming a member is called: registering somewhere or registering personal data.

Legal or natural link

The idea of ​​filiation can refer to affiliation with an entity or a doctrine . In any case, the most common use of the concept is associated with the origin of people with respect to their parents or ancestors .

Filiation, in this sense, is the link between ascendants and descendants , whether by a legal act or by a natural fact . Individuals who descend from others are related to these subjects by affiliation.

Affiliation is understood as a right . The action of procreation makes the filiation appear between the born and their parents: from this filiation, the parents have obligations with respect to their child and the child has rights due to his or her condition.

Beyond nature , parentage can also be established through a legal adoption process . In this way, the adopted child acquires the rights of filiation, and the parents contract the corresponding obligations.

Affiliation status

It is important to keep in mind that all human beings can go to court to resolve their filiation status . If someone does not know the identity of their parents, they can initiate a claim action to obtain judicial recognition of the parentage.

Former Argentine soccer player Diego Armando Maradona , for example , faced lawsuits over affiliation . Thus, through judicial means, the affiliation of Jana and Diego Jr. , the athlete's extramarital children, was determined.

Affiliation effects

Above we talked about the rights and obligations that arise from filiation, since the relationship established between a father and a son is very close, giving rise to the formation of a new group that is presented to society as a entity. One of the effects of this union is that the minor receives a first name and one or more surnames from his parents. This is a right, since it serves to determine your identity, and is adequately regulated by the corresponding laws .

We also cannot fail to mention parental authority , a series of rights and obligations that focus on the protection and care of children. Unfortunately, when a marriage breaks down or goes into crisis, minors often go through trials in which one of the two parties is deprived of parental rights. Food is another right that cannot be separated from affiliation, since parents are obliged to meet this need of their children, among many others.

Father and daughter affiliation

The determination of the name, surname and nationality are some effects of affiliation.

As an inevitable effect of affiliation, the acquisition of a nationality also arises, a condition that gives us possibilities and limitations at the same time. If we are born in a country with a high degree of development and with important international agreements, a passport will be enough to travel the world without many complications; Otherwise, we will have many obstacles to overcome before visiting other countries. According to the Spanish Civil Code, for example, any child born to Spanish parents automatically acquires nationality, even if they are born abroad.

Parents also acquire certain rights that arise from filiation and help them deal with some situations of need. For example, they can request sick leave, leaves of absence, permits and reductions in working hours. The benefits granted by Social Security also fall into this group, such as orphanhood benefits.