Vacíos procesales en la impugnación de paternidad en el COGEP ecuatoriano y su impacto en el derecho a la identidad del niño, niña y adolescente

Abstract

Abstract:This research paper analyzes the procedural gaps in Ecuadorian legislation regarding the challenge of paternity in cases of voluntary acknowledgment through annulment proceedings. Currently, the COGEP (General Organic Code of Procedure) does not include a specific procedure for this action, forcing the acknowledging party to resort to ordinary proceedings. The excessive slowness of this route hinders the summoning of the parties and the timely performance of expert analysis, preventing the genetic test from being assessed promptly as the main evidence of deception. As a result, the right to effective judicial protection and the right to identity of minors are violated, as they spend years trapped in a false parentage. Based on documentary records and a survey of thirty legal professionals, the urgency of a legal change was demonstrated, and a reform proposal was developed to incorporate this proceeding into the summary procedure, establishing clear procedural rules.