The case occurred in the city of Buenos Aires / pixABAY
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For the first time in the country, a newborn was allowed to be registered in the Civil Registry with a triple affiliation. The case corresponds to a baby who was born in May of this year and who had a couple of men and a woman who met through an application to have children.
The historic ruling was issued by Buenos Aires judge Myriam Cataldi, a member of the National Civil Court No. 7, who accepted the request for a newborn baby to have two fathers and one mother, a decision in favor of triple parentage.
The story goes back to 2018, when the couple and the woman contacted each other through the Coparentalys application, a specialized website that allowed the two men to meet the future mother of their baby.
From there, a strong bond of trust and respect was generated between the two men and the woman, who, after a series of face-to-face meetings after the health crisis, carried out the pregnancy procedure through assisted fertilization. In this sense, Cataldi recognized in his ruling “the right to non-discrimination on the grounds of triple filiation or filiation registration polyamory”, because “he was procreated in the laboratory by uniting the gamete of one of the men and that of the woman”.
Faced with the opposition of the Civil Registry, the Ombudsman for Minors and a prosecutor’s office, the three parents filed the lawsuit and the judge declared the unconstitutionality of the last paragraph of article 558 of the Civil Code, which states: “No person can have more than two bonds affiliates, whatever the nature of the affiliation.
“The value of the genetic load of each one is not being removed, but the importance of relationships that were previously only given by blood ties is shifting towards the heart of love and solidarity. The Court has indicated that a closed concept of family is not determined in the American Convention, much less only a particular model of it is protected,” argued the judge in the brief.
The ruling added that “there were many conversations about parenting, the functioning of the family and issues that were important to each one. These intimate conversations favored the formation of a solid family structure since they shared the same values, parenting styles and, fundamentally, life plan”.
“In one of the meetings they decided to form the family that the three of them wanted. They agreed on a family with a mom and two dads. A family project where the son or daughter would grow up in two different homes, with a lot of love from family and friends and support friends for the new member, ”she indicated.
For their part, both the prosecutor in the case, Mónica Susana Mauri, and the Ombudsman for Minors, Marcelo Gustavo Jalil, decided to appeal Judge Cataldi’s ruling, although the minor’s registration had already been made since he indicated that the Civil Registry admit the measure “immediately”.
History of triple filiation
So far, there are only 19 cases of triple parentage in the country. Of these, 17 were raised before the Justice, of which 14 have a final judgment, one with a negative judgment and two without a final decision, and another two that were resolved through administrative channels.
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