Motivación en las sentencias emitidas por los jueces de primer nivel en Ecuador

Abstract

Abstract: Today, the issue of paternity in Ecuador is a dispute aimed at eradicating the connection to the recognition of paternity. If it is determined that the recognition does not reflect biological reality, based on the child's best interests and the right to identity, enshrined in the Constitution of Ecuador, the Civil Code, and the COGEP (General Organic Code of Procedure), paternity can be challenged if it is determined by legal presumption and voluntary acceptance. The action is carried out by the interested party in Ecuador and is commonly initiated by the father due to the absence of a biological relationship. Indeed, the procedure requires the presentation of evidence. This is the scientific proof of DNA, which allows for verifying the lack of a genetic relationship. After the recognition of the claim, the competent judge may order the taking of evidence, convene a hearing, and, if the absence of a connection is confirmed, declare the legally certain act null and void. The legal consequences discussed in the case of a favorable ruling include the modification of the birth certificate, the expiration of natural obligations such as child support and inheritance rights, and the termination of parental authority, all in accordance with the principle of biological truth. In short, challenging paternity in Ecuador is a legal instrument that seeks to reconcile biological reality with the law, guaranteeing the protection of the fundamental rights of all parties involved. This thesis analyzes a ruling issued by a first-level judge in Ecuador in the civil sphere and evaluates the judge's reasoning in drafting this document in the chosen case.