Argentina: a judge orders the triple filiation of a child, a rare case in the country

In the province of Salta, a judge ordered that a three-year-old child have two legal fathers, his biological father and the partner of his mother who died in 2020, a rare decision in the country.

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In the province of Salta, a judge ordered that a three-year-old child have two legal fathers, his biological father and the partner of his mother who died in 2020. The judge also wrote a letter to this child explaining his decision. .

This is a rare case of triple parentage in the country.

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With our correspondent in Buenos Aires

,

Théo Conscience

The letter from the judge begins with these words: “ 

I am Ana María, the judge who recognized your right to have a mom and two dads.

I am writing to you because you have the right to know why I made this decision. 

»

A few lines later, Judge Carriquiry quotes a sentence from Albus Dumbledore, from the famous

Harry Potter literary saga.

In the first opus, the headmaster of the Hogwarts school of magic says to Harry Potter, also an orphan: “ 

A love as strong as that which your mother had for you leaves its mark.

To have been loved so deeply gives you protection forever, even when the person who showed that love is gone. 

»

A reconfiguration of filial ties

In a very rare, but not unprecedented decision, the first case dates from 2015 in Argentina, the judge considered that it was in the best interests of the child that he be cared for by his biological father and by the companion of his late mother, who raised him from birth.

To justify her decision on

the legal level

this time, the magistrate argued that " 

the adoption of the law on same-sex marriage in 2010 had caused a process of reconfiguration of the ties of filiation and a reinterpretation of the emotional ties 

".

To read: Argentina: despite the legalization of abortion, a slow evolution of mentalities

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  • Argentina

  • Children's rights