Devolución del pago indebido de pensiones por ayuda prenatal, cuando se ha demostrado mediante pruebas genéticas no ser el padre biológico

Abstract

Ecuador is a State that protects the rights of children and adolescents from their conception, so the Constitution establishes the principle of the "best interests of the child" in Article 44. The right to maintenance for the pregnant woman is established in Article 148 of the Children and Adolescents Code through the presumed father. Therefore, it is necessary to analyze the "Reform Law on Title V, Book II of the Children and Adolescents Code," Article 2 of which states that to benefit from the right to maintenance, there must be a "parental-familial relationship;" in the absence of such a relationship, the obligation lapses. Article 3 states that "compensation or restitution of the sums paid is not allowed," so the defendant not only cannot exercise his right to an adequate defense but also cannot exercise the right to restitution of damages caused by the pregnant woman; in order to obtain restitution of the wrongfully paid pensions for prenatal assistance, it is necessary to apply the alternatives of a legal framework, which in this case is civil law.