La nulidad del acto de reconocimiento voluntario de paternidad o maternidad en el Ecuador

Abstract

The present research work focuses on analyzing the challenge of the voluntary recognition of paternity or maternity due to vices of consent, in which a large majority of respondents seek to have active legitimacy in the process and through a biological DNA examination to allege a solid proof of biological incompatibility to achieve a ruling in their favor. But all of this confusing thisfigure with the challenge of parenthood, which is a process totally different giving rise to confusion among professionals of the Law, as the DNA test has no validity whatsoever in this process more than that to be a voluntary act is irrevocable, except in the case in which this has not been concluded with all the essential requisites for their validity, as to the omission of these requirements arise vices of the legal act which are prone to occur, the nullity of the act, which must be highly analyzed by the judges in order to avoid violations of the rights arising from the filial relationship voluntarily created between the recognizer and recognized.