El plazo establecido en el Código Civil para ejecutar el reclamo del marido contra la paternidad del hijo concebido por su cónyuge es privativo y vulnera el derecho para presentar la acción de paternidad cuando sobrepasa los 60 días.

Abstract

The rules set forth in our Civil Code specifically in its Article 236, states that: the spouse or husband can only challenge, refute or claim paternity of a child conceived by his wife during marriage within sixty days from the time he has knowledge of childbirth, thus constituting a discriminatory and unfair law that suppresses and limits the right of defense of people who make up this Ecuadorian state. With the advancement of science today can verify or natural parenthood undergoing DNA testing. But despite the advance of science would allow to check whether or not his son, is being denied the right to file lawsuits, which stipulates the Art. 236 of the Civil Code, it is a lack of legality, is in contrast to the existing law and the basis of objective law by which it is deployed, creating legal uncertainty in people who believe that a particular child is not his.