La impugnacion del reconocimiento de paternidad y, la no comparecencia de la madre e hijo/a, a la recepción y toma de muestras de ADN.

The Ar 75 of the Constitution of the Republic of Ecuador, recognizes and guarantees to all persons the right to effective protection and justice without delay. Likewise, article 44 ibídem., notes that the State, society and the family will promote the comprehensive development of children and adolescents as a priority, and ensure the full exercise of their rights; you will attend at the beginning of their interests and their rights shall prevail over the other people. The children and adolescents are entitled to their integral development, understood as a process of growth, maturation and deployment of his intellect and abilities, potential and aspirations, in a family, school, social and community environment of affection and security. This environment will allow their social, afectivo-emocionales and cultural needs with the support of national and local intersectoral policies." The Art 22 of the code on children and adolescents, says: "children and adolescents have the right to live and develop in their biological family. State, society and the family must take priority appropriate measures allowing their permanence in that family. According to article 242 of the Civil Code, said: "It is presumed that a child is father to the husband of his mother when he is born within marriage (...)" Article 251 of the Civil Code, provides: "the recognition may be challenged by any person who can prove today's interest in it, according to the following rules:" 1. That the recognized not may have as a father or mother to the reconociente according to Title X; 2. That the recognized not has been to as a father to the reconociente, according to the rule of article 62; and, 3. That the voluntary recognition in the manner prescribed by law has not been made. As noted in that article, any person who can prove an interest in such recognition can challenge it. According to innumerados articles 9 and 10 of the reform law to title V of the organic code of childhood and adolescence, the examination of DNA, in which patterns of deoxyribonucleic acid samples are taken and any negative by the defendant, the presumption of paternity is presumed in fact is required in order to establish filiation. In cases of recognition challenge, to establish such affiliation, necessarily the DNA testing; must be do however what happens if the mother or the son or daughter, does not appear to such diligence, as who contested are the father or a third party? Perhaps the judge may like the presumption of paternity, declare it in fact, in the Civil Code, nothing points to this regard. In my opinion I think that the biological truth must be an indispensable requirement that the judge should issue its ruling on the challenge of recognition. In the same way I see is unset a given term in which such challenge of recognition can be sued and that well to the affected party allege notorious possession of identity and rescind this challenge. For these reasons I think that it should be regulated in the Civil Code related to the recognition in cases challenging of non-appearance of the mother and child, to DNA test sampling; as well as also, that challenges to the recognition should only occur when such recognition did it by mistake, violence or intimidation, being forced to perform recognition, which must sue within one year from the moment in which the existence of falsehood, met error or ceased, violence or intimidation. If he dies before the expiration date of the year, the challenge can be performed by his heirs. Therefore believe that contesting the recognition should only occur in cases before set out in the preceding paragraph, otherwise is paying attention to the right to the legal security of the sonship.

• Autore principale: Valladares Villalva, Jenny Genoveva (author)
• Natura: bachelorThesis
• Lingua: spa
• Pubblicazione: 2014
• Accesso online: http://dspace.unl.edu.ec/jspui/handle/123456789/16199