Paternity recognition

A mother has a young child without a legally recognized father . Some time later, she starts a relationship with a man, they live together, and finally get married. Shortly after the marriage, the husband decides to acknowledge before a notary the paternity of the child, but he does so "out of kindness", that is, knowing that he is not the biological father , but wanting to take on that fatherly role in the family.

When they present this acknowledgment at the Civil Registry to register the paternity , the registrar refuses, considering that if it is known that there is no biological relationship, that acknowledgment should not be registered and that if the intention is to legally create that parent-child bond, the correct approach would be to resort to adoption .

The notary appeals to the General Directorate (DGSJFP) stating that, according to case law , a paternity acknowledgment is not void just for "complacency" and, therefore, registration should not be rejected for that reason. However, the DGSJFP dismisses the appeal , insists that recognition is used to establish paternity based on biological reality and not to "create" a new paternity, for which adoption would be appropriate.

The matter goes to court . Initially, a court rules in favor of the notary and understands that this fits within the complacency recognition (not fraud). The Provincial Court confirms this view and states that the DGSJFP's position goes against the most current doctrine. Finally, the Supreme Court (TS) also dismisses the appeal from the DGSJFP and declares that the complacency recognition is valid and, furthermore, can be registered . According to the Supreme Court, although these cases had been discussed before, especially in disputes for challenge already registered affiliations , that precisely demonstrates that the recognition existed , was valid and produced effects. It also highlights that in this case there was a consolidated family coexistence , possession of status during a large part of the child's life and a real emotional bond between father and son.

If you need a lawyer to process a filiation procedure in order to claim or challenge a paternal, maternal, marital or non-marital affiliation, our professionals will know how to resolve all your doubts and provide you with the necessary legal assistance.