Stepmothers and stepfathers parents will have powers – TVI24

The draft law to amend the legislation with regard to parental responsibilities, empowering the stepmothers and stepfathers, was approved by Parliament in the final stretch of this legislature. These are changes that favor the affections.

“The first change that this project aims to introduce is to allow, if a parent is unable to exercise their parental responsibility, the other parent can share them with a third person – already follow, in terms of the facts, the growth and development of the child. This person may be the spouse or united de facto parent “can read in the project presented in February.

For those responsibilities are handed over to the stepfather or stepmother, is must the judicial application are met certain requirements, such as “absence, disability, another impediment decreed by the court, or even the death of a parent.”

Most justifies the reason for the change. “It is understood that it is, given that these are the people who, owing to their specific condition, build stronger emotional bonds and lasting and greater relations proximity and stability with less “, according to the wording of the draft Law 786 / XII.

“In the event of impediment of both parents, parental responsibilities can be assigned no longer just a family member of any of them but also to the spouse or united in fact of any one parent. It makes sense because so be it may have been with that person that the child lived more regularly. “

These powers given to the mother or the father companions relate inter alia to issues of everyday life” The particularities of each case justify the attribution of these responsibilities can focus on the acts of lower current life. “

Plummet that was coadoção by homosexual couples, the amendment proposal Code and approved by majority, shall give a response to these cases, since the marriage and the fact that gay marriage is recognized by national law.

The law professor, Fernando Silva, heard by the Daily News , remember that this option by the spouse of the father or mother was possible by law, but that “there were many cases where the judges confer confidence stepmothers or stepfathers to “understand that this new version,” with the logic of privileging the affection of relations “can be ” a first step towards gay couples may adopt in the future. “

What impact do these changes bring the courts of Family and Children and the lives of children? António Fialho judge, told the Daily News , considers that the diploma “confuses ownership of parental responsibility, which is always the mother and the father, with the exercise of parental responsibilities”, anticipating “some chaos “in the courts. The magistrate also alert to the possibility of “appear several companions on the edge of the children’s parents to claim parental responsibility.”