Homoparental families and inheritance rights(in)compatibilities: challenges in post mortem proof of socio-affective parentality

Las familias homoparentales y la (in)compatibilidad de los derechos sucesorios: la fragilidad en la comprobación de la parentalidad socioafectiva post mortem

This article inquires into same-sex parent families and the challenges associated with the recognition of their inheritance rights, with a focus on post-mortem socio-affective parenthood. This research work addresses legal and social barriers faced by these families in validating their affectional bonds, particularly in contexts where there is a lack of specific legislation. Employing the hypothetical-deductive method and a critical analysis of relevant literature, this article shows how the lack of formal recognition negatively impacts the rights of children and adolescents within these family dynamics. As a conclusion, we suggest that, even though some progress has been made in accepting same-sex unions, significant barriers remain that need to be overcome to ensure effective inheritance rights, highlighting the urgency of a legal approach more inclusive and sensitive to the realities lived by same-sex families.