Summary.
The bill seeks to penalize paternity fraud and protect biological truth, good faith, and legal certainty. It defines fraud as intentional conduct that induces a man to acknowledge a child who is not biologically his; conceals, alters, or falsifies information about biological paternity; or deliberately sustains the deception and causes moral or financial harm. It also makes the best interests of the child a governing principle for the proposed law.
For challenges to paternity, the bill provides that the action has no limitation period when paternity was obtained through intentional misconduct, deception, or fraud. In every judicial proceeding concerning alleged paternity fraud, the judge must order, on the court’s own initiative, a scientific DNA test or a noninvasive prenatal paternity test. An unjustified refusal to undergo testing constitutes strong evidence against the person who refuses. The proposed procedure thus requires scientific testing in the case and assigns an evidentiary consequence to unjustified opposition.
If a court declares that fraud occurred, the bill requires cancellation of the legal parentage entry in the Civil Registry (Registro Civil), and the affected person’s future legal obligations cease. The child retains the right to claim their true legal parentage. The affected person may also bring a reimbursement action against the true biological father if he knew of his paternity and allowed the fraud to occur. That action is provided alongside the change to the registry entry and the termination of future obligations.
In criminal matters, the bill adds Article 211-A to the Criminal Code (Código Penal). It makes paternity fraud punishable by two (2) to five (5) years of imprisonment and a fine of one hundred (100) to five hundred (500) day-fines. The penalty increases by one third up to one half if the fraud continues for more than five (5) years, if two or more children are affected, or if a repeated economic benefit is obtained. A final provision reiterates that an article is added to the Criminal Code.
A declaration of paternity fraud does not affect the child’s fundamental rights. The child retains the State’s comprehensive protection and the right to know their true parentage. The bill provides for the law to take effect upon its promulgation in the Official Gazette. Its provisions concern the Civil Registry, courts handling paternity challenges and criminal proceedings, and people whose parentage, acknowledgment of a child, or legal obligations may be involved.
What it proposes.
- Paternity fraud and biological truth.
- Judicial challenges to parentage and scientific testing.
- Effects of judgment and reimbursement action.
- Criminal penalties and protection of children’s rights.
Who it would affect.
- People who engage in conduct defined as paternity fraud.
- Men induced to acknowledge children who are not biologically theirs.
- Children whose parentage is at issue in proceedings.
- Biological fathers who know of their paternity and allow the fraud.
Key points.
- Defines paternity fraud through intentional inducement to acknowledge a child, concealment or falsification of information, or sustained deception causing moral or financial harm.Art. 2
- Removes the limitation period for a challenge when paternity was obtained through intentional misconduct, deception, or fraud.Art. 4
- Requires the judge to order scientific testing on the court’s own initiative and treats unjustified refusal as strong evidence against the person refusing.Art. 5
- Following a judicial declaration of fraud, requires cancellation of the parentage entry in the Civil Registry, ends the affected person’s future legal obligations, and preserves the child’s right to claim true parentage.Art. 6
- Allows the affected person to bring a reimbursement action against a biological father who knew of his paternity and allowed the fraud.Art. 7
- Adds the offense of paternity fraud to the Criminal Code and prescribes imprisonment and day-fines.Art. 8
- Increases the penalty based on the duration of the fraud, its effect on two or more children, or repeated economic benefit.Art. 9
- Preserves the child’s fundamental rights, comprehensive State protection, and right to know their true parentage.Art. 10