CHILD AND ADOLESCENT CARE IN ARGENTINE LAW AND THE RELEVANCE OF SOCIO-AFFECTIVE BONDS

Abstract

Both current regulations and evolving doctrine and jurisprudence have begun to recognize socio-affective relationships as a central element in family relationships, often granting them a predominant role over biological ties or legal ties derived from kinship. Although affection has always been an essential dimension of human relationships, the classical conception of law has shown resistance to accepting it as a legitimate legal source, thus denying it the same status historically enjoyed by blood ties or legal kinship.

This refusal has generated multiple tensions in practice, as the lack of legal recognition for certain relationships negatively impacts the progress made in human rights. Within the Argentine legal framework, clear examples of this situation are found in Articles 643, and 657 of the Argentinian Civil and Commercial Code, which restrict the possibility of limiting the delegation of parental responsibility and legal guardianship solely to relatives. However, in the face of these legal limits, social reality often shows that emotional bonds override biological criteria, requiring an interpretation that prioritizes the principle of the best interests of the child. In this context, this paper seeks to demonstrate, through the analysis of relevant case law, how solutions have been developed that integrate this guiding principle with the notion of socio-affectiveness.