The small print of the lawsuit that faces Miguel Bosé and Nacho Palau

Last Friday came the blow for which Nacho Palau was warned but not prepared: court 4 of Pozuelo de Alarcón dismissed the lawsuit in which the one who was Miguel Bosé's partner requested filiation as brothers and children of both Diego, Tadeo , Ivo and Telmo, the four children that the singer presented to the world as his own, when only his environment knew that Palau and Bosé had been a couple for 26 years.

Everything exploded in October 2018 when a statement from the Ortolá Dinnbier law firm made official the love relationship that had existed between the two, their breakdown and the initiation of legal actions to "protect and defend the interests of minors."

Then it was also learned that Diego and Tadeo were the biological children of Miguel Bosé, and Ivo and Telmo - only seven months younger than their brothers - were of Nacho Palau.

The main claim in Nacho Palau's lawsuit was, and continues to be, that the four children be legally declared siblings and that the two parents be recognized as parents of the four, because that is how they decided when they agreed on their family project.

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#brothers forever

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The sentence is clear and denies the filiation action.

As a direct consequence of the children not being legally declared siblings, the parents have no obligations or rights over those that are not theirs biologically.

That is to say: neither Miguel Bosé should spend any money for the maintenance of Ivo and Telmo nor does he have any right to make decisions about their education and future.

Something that affects Nacho Palau equally with respect to Diego and Tadeo, despite the fact that the four grew up as brothers for almost eight years.

However, the ruling of 14 pages issued last Friday does recognize a visitation regime between the children and their two parents.

On this matter, no change is established with respect to the agreement that Bosé and Palau reached in the summer of 2019 and in which they decided that they would all see each other during the holiday periods.

Nacho Palau and his lawyer, José Gabriel Ortolá, were aware of the difficulties that this lawsuit entailed.

Specialists in family law explain that the result depended on the judge in charge of the case wanting to take a step forward even despite the legal difficulties of the case or to remain in strict legality.

The second has happened, but not exactly because the sentence does recognize "possession of the state."

That is, it admits the facts as stated by Nacho Palau in his lawsuit: he states that it is proven that the two parents "decided to have children and found a single family in which the children would be brothers and both would be parents", and that this was known by the close environment of the ex-partner.

And this is where the paradox occurs, because the judge comes to say in his letter that these facts are proven but he cannot give them the names of the children of the two parents and siblings between them because the Spanish legal system does not allow it.

This happens since in Spain the kinship relationship is established by biological means or through adoption, although later another formula was created through the Law on Assisted Human Reproduction Techniques.

"So there are moms and dads who can be without the child being theirs biologically, it is enough to give consent, so that the legal fiction of recognizing that they are their children is made," explain legal sources specialized in Family Law. a ruling that has recognized these rights for both mothers of an ex-partner of homosexual women, in which the biological mother was, logically, only one of them.

The situation of the children of Miguel Bosé and Nacho Palau is complicated and has no recognized jurisprudence.

In the first place, in Spain, having children using surrogacy is prohibited and the recognition of the filiation of a child who comes into the world through this method implies much more legal insecurity, something that is complicated even in cases of heterosexual couples.

Difficulty that increases in the case of two male parents.

In this process, many have wondered why, if Bosé and Palau were so clear that they wanted to start a family, they did not adopt those who were not their biological children.

The answer is twofold: on the one hand, the Spanish adoption law does not admit that there is a difference of more than 45 years between the adopter and the adoptee and Miguel Bosé did not meet this requirement at the time his children were born.

On the other, it is difficult to legally fight to give the two surnames to four children if one of the parties does not want it to be known that they are the fruit of a couple relationship that was not wanted to transcend.

The specialists affirm that although the sentence says that they are not legal children, in some way it recognizes that they are real children and, according to the sources consulted, this opens another legal avenue for Ivo and Telmo, the descendants of Nacho Palau, for whom it could be claim some kind of contribution. But to get to that moment we have to wait, because first the Provincial Court must make a firm decision on the appeal prepared by the lawyer representing Palau, and if this body were to deny filiation again, the decision of the Supreme Court would still remain. A long road for four children who live 9,000 kilometers apart. A case followed with great expectation by other families who see in this legal battle a hope to find a solution to their own family problems.