Els fills no comuns en les famílies reconstituïdes segons el codi civil de Catalunya

Abstract

The 2nd book of the Catalan Civil Code regulates stepfamilies. The defining element of stepfamilies is that the spouses do not have children in common. While it is no longer legally relevant if the family is based on marriage, this question of children remains important. As a result of new legislation in Catalonia, the status of stepchildren has been strengthened. The legislature has provided that the third party may not only participate in decisions relating to everyday life but may also take the necessary measures when the child is in danger. In case of disagreement between the parent and the spouse or stable partner of the parent, the will of the parent prevails. If there is an imminent risk to the child, the spouse or stable partner of the parent who has custody of the child can take the necessary measures for the welfare of the child, and he must immediately inform his spouse or stable partner, who must inform the other biological parent. Exceptionally, in case of death of the custodial parent, the third party can have custodial child. If parent no custodial has custodial child, a formal relationship between the third party and the child may be established whenever he has lived with the child for the last two years. This last possibility represents the preservation of the relations against marital breakdown and offers important family cohesion, in particular if there are siblings. It shows that the regulation incorporates and reinforces the principle of the best interests of the child regarding stepfamilies.