1. Derecho Civil: PATERNIDAD RESPONSABLE: MANDATO CONSTITUCIONAL.
- Author
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Guzmán Ávalos, Aníbal
- Subjects
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BEST interests of the child (Law) , *FATHER-child relationship , *CHILD marriage , *FATHERHOOD , *MINORS , *LEGAL recognition , *BIRTHPARENTS , *CHILDREN'S rights , *PATERNITY - Abstract
Paternity is the natural and legal bond established between the child and the father; through paternity legal recognition of the existing blood union between both of them is achieved. However, the natural and legal union between child and father are not always associated, because there may be a biological relationship but not a legal liaison or, on the contrary, there may be a legal affiliation without a biological connection. Consequently, nowadays, some sons and daughters who are born out of wedlock in Mexico maintain a biological connection with their parent, without a legal relation, due to the lack of voluntary recognition of paternity or the absence of a request for an investigation of paternity by the person who exercise the parental authority of the child, which, in fact, generates the existence of minors lacking parentage and, consequently, the violation of the principle of the best interests of the child and the right to identity, recognized in the Mexican Constitution and in some international human rights treaties ratified by Mexico. The ineffectiveness of the legal mechanisms to avoid this problem forces to generate alternatives to solve it, one of them is: the regulation of the ex-officio paternity investigation. [ABSTRACT FROM AUTHOR]
- Published
- 2022