El interés superior del menor, nuevo canon del derecho de familia

Abstract

The judicial «iter» of this case is full of surprises and perplexities; neither one nor the other are foreign to the judicial world. Above all because a huge sentence has been derived -by the number of pages and by the content- of the body interpreting the Spanish Constitution from a simple change of «petitum» made at the hearing of the first instance. The mother had filed a lawsuit far the non-marital parental affiliation of her daughter against the alleged father, seeking that the defendant's paternity be declared, after submitting the paternity tests, as well as that the arder of the classic surnames - first of the father, after the mother- be determined and the corresponding registration rectification. Mysteriously, in the act of sight, the legal representatíon of the mother asks that the arder be first that of the mother and then that of the father. Well, sínce the paterníty of the defendant was recognízed in the first instance sentence, the entíre substantive and procedural debate, from the appeal to the protection appeal, focused on the arder of the mínor's surnames and in determining, if so, what was its primary interest.