Abstract: The general principle of law is the best interest of the child. This principle is inserted in a general clause in the Spanish Youth Protection Act of 15 January 1996. As a result, the Spanish judge is now able to apply this principle directly rather than subsidiary, which means that Spanish family law is now required to be interpreted from the perspective of the best interest of the child. The best interest of the child is now the central axis and has priority in the Spanish family law.
This paper studies the concept of best interest of the child in the Spanish legal system and its application in special cases that are discussed within Spanish law. These cases are: conflicts between the biologic family and the foster family, the open adoption, and the jurisdiction of judgments in matters of parental responsibility.European Review of Private Law