Análisis de las consecuencias jurídicas por la falsa imputación de la paternidad por parte de la mujer embarazada

Abstract

The Constitution of the Republic of Ecuador recognizes and guarantees the right of every person to adequate judicial protection and access to justice with no delays. Based on this constitutional precept, the norm ibidem establishes that the State, society, and the family have the fundamental duty to unrestrictedly respect the rights of its members without any exception whatsoever. The Code for Children and Adolescents states that children and adolescents have the right to live and develop their lives with their biological family and that the State has the primary duty to adopt appropriate measures to allow these minors to remain part of their biological family. Even in cases where there is no express regulation preventing certain behavior that violates the rights of a person, a clear example of this is the false imputation of paternity in pre-birth and post-natal support lawsuits, in which the rights of the defendant are directly affected