Reclamación de paternidad: Las leyes en pro de una paternidad responsable
Cuando no se ha reconocido la paternidad de un niño, se puede hacer una reclamación de paternidad: acción de filiación que pueden solicitar únicamente los involucrados, es decir, el padre, la madre o el hijo en cuestión. Conoce más sobre este proceso y acude a nosotros si necesitas apoyo.
Paternidad responsable, ¿en qué consiste?
La paternidad es una responsabilidad adquirida desde que se conoce la concepción del niño, aunque si por alguna razón no se estableció la filiación en su momento, se puede establecer tiempo después del nacimiento.
¿Qué se pretende con esta reclamación?
De acuerdo con la abogada de Grupo Defensa Carmen Gloria Arroyo, la reclamación de paternidad busca establecer la relación de descendencia que existe entre dos personas: una de ellas es la madre o padre de la otra.
¿En qué consiste el proceso?
Lo primero que se debe hacer es interponer la acción de reclamación de paternidad ante Tribunales de Familia, para ello debe contar con la representación de un abogado. El tribunal citará a una audiencia donde se debe ratificar la demanda de paternidad y se solicitará la práctica de la prueba de ADN. El resultado del examen se dará a conocer en la audiencia de juicio y con ello el juez dictará la respectiva sentencia.
¿A quién corresponde la realización del proceso?
Arroyo explica que “la acción de reclamación de paternidad es aquella que tiene el padre o madre contra el hijo o el hijo contra el padre o madre para que se establezca su filiación. Esta acción es imprescriptible, intransferible e intransmisible”.
Establecer la filiación
Hay técnicas fiables para verificar la relación biológica entre un progenitor y un hijo, la más infalible es la prueba de ADN.
Impugnación de paternidad
La impugnación de paternidad implica que el supuesto progenitor o el hijo, dependiendo del caso, solicite ante un Tribunal de Familia dejar sin efecto una filiación determinada existente. Si el hijo cuya paternidad o maternidad se pretende reclamar fue reconocido por otro progenitor se debe interponer la acción de reclamación junto con la de impugnación de la filiación.
Grupo Defensa, en pro de la paternidad responsable
Como mencionamos anteriormente, para realizar este proceso judicial, deberás contar con un abogado especialista, como los profesionales de Grupo Defensa. Contáctanos, nosotros podemos ayudarte.
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