El Reconocimiento Voluntario de los Hijos y su Afección Jurídica

Abstract

Abstract:The voluntary recognition of children in Ecuador is the legal way to protect the minors who are born out of wedlock. This legal concept generates bonding conditions and in some cases problems for both the recognizer and the recognized child. In the present research work, we used the descriptive methodology, which consisted in surveying freelance lawyers from Catamayo, Loja and Yantzaza, and interviewing several Judges of the Judiciary Unit of the Family, Women, Children and Adolescents from Loja and Catamayo. The results of this surveys and interviews showed us that there is indeed a positive legal effect in the use of the legal concept of recognition of children in spite of other voluntary and optional acts. Finally, in face of the legal problems that this figure can present, we consider that a viable way to solve the issues that can surface is that the parent who enrolls the child in the Civil Registry should submit a DNA test beforehand. This act should be done in order to give the child or adolescent the identity that is the legally correct one, if not; there could be an infringement of this fundamental right of the minor.