Abstract

RAMIREZ PORRAS, María Elena; MERCEDES PEREZ CHANGO, Lisbeth  and  VILELA PINCAY, Wilson Exson. Legal analysis of the challenge of paternity in the civil code of children and adolescents in Ecuador. Conrado [online]. 2020, vol.16, n.72, pp. 139-147.  Epub Feb 02, 2020. ISSN 1990-8644.

This article aims to analyze the process of challenging paternity in some of the dimensions and legal complexities that occur in it, as well as the treatment it receives in the Civil Code in relation to children and adolescents in the Ecuador's legal system, also in the Constitution of the Republic and other approved judicial institutions and instruments. Ideas that demonstrate the social impact and particularly that for infants this process has in the psychological order and in terms of their personal identity are also exposed and the probative nature of the DNA test during the corresponding paternity challenge trial is highlighted. It is based on a methodological strategy that combines quantitative and qualitative perspectives, through which a variety of procedures and techniques are used for the collection of information, with a predominance of bibliographic and documentary review, synthetic analytical methods and participant observation. As a result of the analysis, a deep reflection, explanation and argumentation on the challenge of paternity is obtained, which can be useful to propose reforms that contribute to making more important and just as important and recurring issue within the Ecuadorian judicial system.

Keywords : Challenge; paternity; identity; civil code.

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