Paternity Suits, Child Support, and the Dynamics of Relationships between Fathers and Natural Children in Brazil before the Era of DNA Testing, 1920s–70s

Saturday, January 9, 2010: 9:40 AM
Marina Ballroom Salon F (Marriott)
Sueann Caulfield , University of Michigan, Ann Arbor, MI
Although the Brazilian civil code of 1916 limited the circumstances in which natural children could sue their fathers for child support and inheritance rights, these limitations were progressively broadened as the cumulative result of trial verdicts, particularly over the 1930s and 1940s.  As it became more routine for natural children (usually represented by their mothers) to sue for paternal recognition, the criteria by which the courts established proof of paternity also broadened.  This paper tracks these trends in a specific cast study of analyzes a selection of natural children’s law suits for paternal recognition, child support, and inheritance from the city of Salvador that span the period from 1920-1970.  It seeks to understand both changes in judicial attitudes about paternal responsibility and patterns of relationships between fathers and natural children.