Moving: the ruling of a judge that will allow a child to carry his grandfather’s surname

With an emotional ruling, a family judge resolved the situation of a boy who was not recognized by his father, but whose paternal grandfather did recognize him as a grandson and managed to give him the surname.

It is a story that brings together love and painfactors that influenced the sentence of Mariana Josefina Rey Galindoof the Family and Inheritance Court of the Judicial Center Hunters, Tucuman. The judge, after interviewing the family group, decided that Tomy (the boy’s pseudonym) bears his grandfather’s surname, with which the boy was able to build a affective bond despite the boy’s father never acknowledging his paternity.

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The presentation was made after the death of the JR Ge, dad of the babyand the magistrate understood that “it was not a question of a posthumous affiliation, but of a voluntary process and non-contentious, in which genealogical registration and love are combined as constitutive elements of identity, together with primordial right to ancestrality”.

Drawing a parallel with “Coco”the animated film that tells the story of a boy who seeks in his passion for music to unravel his origins and reunite with his ancestors, the judge saw in this grandfather and his grandson two people who – united by love – They sought legal recognition of this link in the courts.

In addition, the baby’s mother and Kike Ge, the grandfather, presented samples of ADN, which established the biological link between Kike and Tomy. In this sense, Rey Galindo explained that “the main objective was for Tomy to feel 100% Ge”, that is, legally recognized as part of his paternal family.

The sentence was accompanied by a short video in which the judge explains to Tomy the reason for her decision. “Hello, Tommy! I am Mariana, the judge, and I am going to accompany you on this little trip to the past of you and your grandfather”, was the message of the magistrate, who thus managed to reconstruct the entire story.

A judge cited Harry Potter in a ruling in favor of two dads: the new family of a baby from Salta

In Oran, Saltaa judge authorized the registration of a child as the son of two men: the biological father and the mother’s concubine. It is one of the few cases of triple filiation recognized by the Justice in Argentina. The author of the sentence was Ana Maria Carriquiryhead of the Civil Court of First Instance for Persons and Family No. 2.

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In dialogue with TNthe judge held: “We have to look for the different forms of family, there is no longer a single model, and we as judges have to apply it”. Carraquiry explained that the simplest thing would have been to give the baby to his biological father, but that the role of the judges should be “humanize the law”.

The boy is 3 years old and the judge decided to recognize the paternity of the biological father and the father of the heart. (Photo: courtesy Family Court of Oran)

When the baby was born, in 2019, the mother’s partner listed him as his son. But in September 2020, before she died, the woman told him that the minor It was the product of another relationship. Ignaciobiological father, then demanded the filiation recognition. In court, he said he had had a romantic relationship with the woman, said that they later separated and, a year later, she told him that the child could be his. They did a DNA test and it came back positive. A few weeks later, the mom passed away.