Where filiation contradicts biological parenthood : an examination

Abstract

Filiation is an action intended to find the parentage; thus, this term paper deals with the actions that one may refer to seek paternity. As well as the fact that nowadays the legal world is being faced with different situations such as same-sex parents, and surrogacy among others, which situations create a whole different approach to the subject at hand. A qualitative research method was used to analyse the jurisprudence of various European countries as well as that of Malta, in order to analyse how the cases have been tackled, which in turn provides different approaches to the matter. It was noted that judges tend to have different stances with regard to the matter, where some prioritise the notion of a family, while others seek the absolute truth. The researcher analysed the notion of contradicting the parentage of a parent, where as such was not even possible in the past. In fact, nowadays by presentation of proof one can dispute any inconsistencies which appear on the birth certificate. Although, the researcher notes how this was a very important step, the researcher also noted how the legislation enacted in the future should be more inclusive and the societal mentality needs to evolve. It was concluded, that although difficult to contradict filiation, nowadays it is made more easily possible, rather than what used to happen in the past. Although, it was still noted how the society needs to evolve and the legislation enacted should be more inclusive as a whole.