Necesidad de reformar el Art. 236 del Código Civil respecto del tiempo para impugnar la Paternidad por parte del padre de un hijo concebido con su cónyuge durante el Matrimonio

Abstract

Abstract: The present work is implemented through a literature review and will understand the importance and need for reform of Art. 236 of the Civil Code, due to the existence of a loophole in our legislation, facing the reality of life when a child born marriage and spouse recognized as such, is that after several years of having seen his father learns that it is not, and there is no law that can force the mother to present the child to DNA testing in violation of the rights of the parent, but especially the child violating the right to personal identity and to be recognized for his real father. Analyzing the legal standards set out in the Code on Children and Adolescents, Civil Code and Code of Civil Procedure, do not have clear rules regarding the duty of the mother to present the child to the respective paternity tests, showing these events once the period specified in the applicable legal standard has elapsed.