Court decides to maintain socio-affective paternity and include biological father in Joinville

The decision, released on Thursday (23) by the 2nd Family Court of Joinville, in the North, considered that the emotional bond built between the socio-affective father and the child must be preserved.

According to the process, the child was registered at birth by the mother and her then partner, who knew he might not be the biological father. Years later, a DNA test confirmed the paternity of another man. As a result, the family asked the court to include the biological father and exclude the registered father.

During the action, the Public Ministry (MP) agreed with the recognition of biological paternity, but requested a social study before evaluating the removal of the socio-affective bond. The psychological report indicated that the registered father performed the paternal role actively in the child's early years.

During the assessment, the child recognized both as parents. A social study, in turn, pointed out that the current coexistence between her and her socio-affective father had decreased, which is why it recommended that paternity be removed from the register.

When analyzing the evidence, the Court understood that the recent distance does not erase the emotional bond built with the child. In the Court's understanding, the socio-affective father would have played his role, integrating the family for a significant period. Therefore, subsequent family reorganization does not eliminate the relationship.