Last Monday, the trial between Miguel Bosé and his ex-partner, Nacho Palau, was held in court number 4 of Pozuelo de Alarcón, Madrid, in which it is intended to obtain the declaration of filiation of their four children, Diego, Tadeo, Ivo and Telmo.
All of them were born through surrogacy, the first two are biological children of Bosé and the second two biological children of Palau.
The two pairs of twins have been apart for seven months and for almost eight years they lived as brothers in what, according to Palau, was a family project that the singer now denies.
Sources familiar with the case have declared to this newspaper that Bosé refused to acknowledge during the trial that the children belong to both parents, and therefore siblings with the same rights, as would be legally recognized by a ruling favorable to the judicial action taken at the request of Nacho Palau.
Bosé's wish is that the four children live together with him but not go through this declaration of parentage, which would be an unequal starting point for them and also for the parents, especially for Palau, who would lose the possibility of making decisions about the education and way of living of those he considers his four children as his paternity is not recognized over two of them.
An attitude that according to people who know the singer has a lot to do with his character: "In the end, what it is about is not being subjected to anyone or having to count on Nacho in anything that has to do with the children."
Some statements that follow the line of past statements by the artist who came to say, before meeting that he was a father, that he did not want to have children as a couple to avoid having to face the consequences of a possible separation.
Bosé, who at all times avoided meeting the press and accessed the judicial facilities through the garage to do so, did not establish any type of contact with his partner for 26 years during the meeting and returned to Mexico immediately after it was held. the trial.
Palau, for his part, told the journalists who were waiting at the entrance of the enclosure that all he wanted was for the four brothers to grow up together as such.
"I trust that justice will be done," he said then.
After the tense moment he lived when he met his ex-partner Palau, he confessed to feeling "overwhelmed."
"I have received many messages, most of them supportive, but I do not like everything that is happening even if it is good for me," he says in relation to the information that appears in the media and that affects his children and also Bosé.
"The trial was complicated but I am happy, now I can only wait and see what the judge decides.
His lawyer totally denies information that has appeared in some media according to which Miguel Bosé has offered Palau an agreement whereby he would pay for a house in Mexico near the children and help him find work there.
Although he has acknowledged that there were conversations between the legal representatives of the two parties prior to the statement issued by his office in October 2018. "If a statement was made announcing legal actions, it is obvious that an agreement was not reached then," he clarifies .
The evidence and witnesses who intervened in the trial, among whom were the mother, sister and brother-in-law of Nacho Palau and the journalist María Eugenia Yagüe - as the author of an article she published in 2013 - tried to shed light on the type family project that Bosé and Palau had as a couple.
The environment of Nacho Palau confirms in fact that both began the procedures to become parents through surrogacy at the same time and that later circumstances led to the two pairs of twins being born seven months apart, although their intention was that happened practically at the same time.
Also that Palau proposed as a witness Lucía Bosé, with whom he maintained a warm relationship until his death on March 23.
“As far as he knows, Lucía intended to testify.
Due to his nature, he had no problem doing it even against what his son thought, ”says a source who recalls that the grandmother visited Nacho and her two children in Chelva shortly before last Christmas.
After their separation, Diego and Tadeo live with Miguel Bosé in Mexico, maintaining the high standard of living that their father's economic situation allows, and Ivo and Telmo do so with Nacho Palau in Chelva, a town in Valencia where their paternal grandmother has a house and his father works in a sausage factory after radically changing his lifestyle after the singer's separation.
The ruling, beyond the media background of its protagonists, could establish jurisprudence on an issue pending resolution in Spanish law and that affects many other new forms of family that exist in society but do not find a legal framework in which frame your conflicts.
The most serious problem that is not resolved in our legal system is that of the scope of the concept of "possession of the state" as a sufficient title to determine parentage.
And this is linked to the concept of "intentional paternity", according to legal sources.
Our legal system tends, but for now it is only taking timid steps through jurisprudence, to give value to socio-affective truth over biological truth;
recognize that it is more important to be a father than a parent as established by DNA.
In this limbo the lives of the four children of Bosé and Palau and that of other children of non-famous parents who are in a similar situation are resolved.
If the sentence handed down by Judge Enrique Presa, head of the court in charge of this case, recognizes the parentage of the four brothers, this will result in consequences that affect their care and custody, how they will live, with whom and the rights of each one of the parents, as with any couple in a case of separation.
And it will establish jurisprudence applicable to similar cases.
If, on the contrary, the filiation is rejected, the four brothers will continue to live 9,000 kilometers apart, seeing each other telematically every week and in person during the time that Diego and Tadeo spend in Spain during the holidays, and they will grow up in different environments that will deepen their differences.
Even if there are future resources, the years that can pass between one judicial scenario and another are understood to be too many for four 10-year-old children.