La regulación del daño moral ante una demanda de impugnación del reconocimiento voluntario, por vía de nulidad, con prueba de ADN

Abstract

The voluntary recognition of children is a process registered before the law. The father accepts the parental responsibility of caring for, protecting, and creating a dignified life for the child, ensuring safety and welfare by the provisions of the Constitution of the Republic of Ecuador. This offspring section of the population is considered a group of priority attention, leaving aside men’s rights in regarding the nullity of the voluntary recognition of paternity. The present study is framed in regulating moral damages in a lawsuit challenging voluntary recognition through a qualitative and prospective approach through a nullity with negative DNA test. It was concluded that the legal figure related to the challenge of the voluntary acknowledgment of paternity is valid within the current regulations of Ecuador for its execution, provided that at the time of performing the act of acknowledgment, it has not been under deception by the mother.