Análisis jurídico de la tutela judicial efectiva por la posible presunción de paternidad en los juicios de alimentos para la mujer embarazada

Abstract

This study aims to examine and analyze the potential breach of legal guarantees for a putative father in prenatal support alimony proceedings when it is later proven that he is not the biological father. Therefore, it is essential to determine whether the pregnant mother violated the other’s rights. The inductive-deductive research method was used to achieve a better understanding of the concepts concerning the topic and provide a broader perspective on the aspects linked to the violation of the putative father’s rights, as well as possible solutions within the prenatal support lawsuit for pregnant women with prenatal assistance. The findings of this research show a clear violation of rights and a legal gap in the Ecuadorian legislation concerning the provisional alimony that the putative father must pay in support of the pregnant woman during prenatal care. This demonstrates that the legislation does not adequately protect the rights of putative fathers, leaving them in a state of evident legal neglect.