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Family Law

Voluntary acknowledgment of paternity

Published on: November 9, 2022
Reading time: 2 min
Voluntary acknowledgment of paternity

Being a parent is one of the most rewarding experiences anyone could ever experience. The voluntary acknowledgment of paternity is a procedure that initiates the legal responsibilities of the father with the child, as well as the possibility of transmitting inheritance and other relevant legal effects.

What is the process of voluntary acknowledgment of paternity?

The purpose of this process is for the father of a minor to appear before the administrative authority to declare paternity over the minor. It can also be done through a will or when the presumed father is summoned by the mother or at the request of a notary or registry office for such acknowledgment to be made.

To initiate the process, a summons is required, which will be issued by the family defender to the persons involved, as long as the father accepts the recognition. At that moment, a record will be drawn up and the defender must send it to the notary or registry office.

There is also the possibility that the father finds out about the existence of the child and after demanding a paternity test before the family defender and that this effectively proves his blood relationship with the child, he may voluntarily accept the paternity and after this, the act would be constructed to order the registration of the civil registry.

After this, with the record in the possession of the notary or registry office, the registration of the recognition in the civil registry of the minor will be carried out.

In any case, an act will be drawn up in which the civil registry is ordered to be registered before the Notary or Registrar’s Office.

This action by the parent is aimed primarily at minors, but is also possible with older persons with some type of severe mental disability.

Who must submit it?

The alleged parent.

Where should the procedure be carried out?

In the central part where the residence of the minor or elderly person with severe mental disability is located and has coverage throughout the national territory.

Documents required for the procedure of voluntary acknowledgment of paternity:

  1. Photocopy of the Civil Registry of birth of the minor with validity of not more than one month.
  2. Documents or data of identity of the cited party.
  3. Identity document of the person carrying out the procedure.
  4. Notification address of the parties involved.
  5. Identity card (this document is only required if the child is over 7 years old)
  6. Other documents that they wish to assert at the hearing.

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