The Supreme Court recognizes de facto couples’ access to the title of large family, just like marriages

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The Contentious-Administrative Chamber of the Supreme Court In a ruling, de facto couples have been equated with marriages for the purposes of obtaining the title of large family. and its enjoyment by both children and parents.

The Supreme Court has thus resolved the case of a de facto couple registered in the regional registry of de facto unions and parents of three common children whom the Junta de Andalucía, in December 2019granted the title of large family of general category, but establishing as beneficiaries only the father – who was the applicant – and the children, but not the mother.

The Andalusian government understood that according to the law of large families “the father, the mother or both jointly are considered ascendants.” when there is a marital bond and, where applicable, the spouse of one of them“.

The couple appealed to a Contentious-Administrative Court of Seville, which agreed with them and condemned the defendant administration to also recognize the mother’s status as a member of a Large Family with full effect, making an integrative interpretation of the Law. of Large Families, in accordance with social reality.

The Superior Court of Justice of Andalusia confirmed the decision, but The Junta of Andalusia appealed that ruling to the Supreme Court considering that the Andalusian Law on De facto Couples equates marriage and de facto unions, with the limitations that may result from state regulations, which in this case understand that if the Law on Large Families had not included in the concept of large family de facto unions was because he had not wanted to do it.

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