Factibilidad del examen de ADN con muestras extraídas en el exterior para su aplicación en la acción de impugnación de paternidad caso no. 01204-2019-00066

Abstract

The purpose of this paper is to analyze a paternity contestation case in which the claim has been declared inadmissible for lack of sufficient evidence, due to the fact that there has been resistance from the defendant to take DNA samples, fundamental evidence in this type of process, the decision of the judge has also been based in favor of the right to the identity of the child in attention to the best interests of the child, However, from the analysis carried out, it has been considered that the said grounds have not fully considered the essence of the right to the identity of the minor, and it has also been concluded that the indifference of the defendant with respect to the process is based on a legal vacuum that results in the DNA test taken abroad as well as in the country not being so feasible. Likewise, a possible solution has been proposed that will lead to, among other situations, the biological truth of the minor being known in a diligent manner.