In a letter published on his Instagram this Wednesday (17), former player Amaury Nunes regretted not having seen Enrico, the son of his exwife Karina Bacchi, for four months. According to the player, he last saw the child on April 17 this year, just before the couple announced the end of their marriage in May.
Amaury and Karina met in 2017, 20 days after Karina’s child was born. While they were together, the actress socially acknowledged the former player as the child’s father. In 2019, they taped a reality show where she “gifted” him with socioaffective fatherhood.
However, the couple did not end the official process because of the pandemic. With a crisis in the relationship, Karina asked Amaury to sign a document renouncing Enrico’s paternity. There is no record of paternity in the boy’s identity.
universe spoke to lawyers to understand: Does Amaury have the right to see the child in these cases?
What is socioaffective fatherhood?
Socioaffective paternity is the legal acknowledgment of paternity based on affection without a biological bond between people. The Civil Code provides for kinship by both consanguinity and affectivity. This recognition can be recognized at any time, regardless of the age of the child. The lawyer Bruna Sillos, specialist in family law, explains it.
“The very affective bond that bond creates. In other words, it doesn’t have to be a biological bond. The law perceives this through the manifestation of coexistence, upbringing, the community of life in general, a psychological and emotional bond there, ”says Bruna.
It distinguishes socioaffective fatherhood from adoption. “In adopting, I show my interest in starting a family and therefore I am either looking for a child or choosing to legalize it through adoption.
Bruna explains that once socioaffective paternity or motherhood is established, the father or mother has all the rights of a biological father. “The Constitution distinguishes between a biological child and an adopted child. Every child is a child and has these rights at all times.”
Players could win visitation rights and pension obligations
Today, according to the law, Amaury has no right to see the child. “He is not the child’s father. Of course, it’s a matter of common sense: in a situation where you break up with someone and the child misses them, and that relationship will be healthy, Karina could reach an agreement with Amaury. But no, nothing forces you to do so,” says lawyer Renata Mangueira de Souza, a specialist in family and inheritance law
If the former player wanted to maintain contact or a regular routine of visiting with the child, Amaury should go to court to file for socioaffective paternity. But she believes he has all the responsibilities of recognized paternity alongside the law.
“When you make such an application, not only rights are recognized. There are allowances and also obligations, provided that you are recognized as a socially affective parent. That means he could also be required to pay pensions.”
“Fatherhood and motherhood are very serious things. Once recognized, I can no longer want it,” says Renata. The state guarantees that anyone can go to court to have a right recognized for this Amaury has to prove this connection to the judge and the prosecutor, who then decide in the best interests of the child.