To begin to talk about challenging or claiming filiation, we must first of all highlight what we understand by filiation. Well, filiation refers, on the one hand, to the condition granted to a person to whom parents are attributed, and at the same time, to the bond that exists between parents and children.
Therefore, with the attribution of filiation a series of rights and obligations arise between both parties, for example inheritance rights, recognition of surnames... Therefore, it is important to differentiate between the claim of filiation and its challenge.
We must distinguish two types of affiliation, by nature or adoptive.
When referring to filiation by nature, we refer to the coincidence between natural or biological procreation and legal status, therefore, the biological father or mother assumes such legal status upon the birth of the child. Within filiation by nature, a distinction is made between marital, children born within marriage, and non-marital, children born between unmarried couples.
Affiliation by adoption involves the legal recognition of two people in their capacity as father or mother and child, without the former having mediated in the procreation of the child. That is, without there being a biological basis, it is replaced by a legal act such as adoption.
To claim filiation, that is, when someone wants another person to be recognized as their child or father or mother, they must go to the Judge and the judge will determine whether such filiation should be recognized or not.
What can I do to have someone recognized as my father, if I am almost certain that he is?
To do this, a legal action must be initiated before the competent Court, this is a demand that must be accompanied by a series of evidence on which we base such a request to the Judge.
Can a person in a parentage process refuse to undergo biological tests?
Yes, you can refuse to submit to such tests, however, said refusal is a very valuable indication that is usually taken into account by the Courts against you. Likewise, it is recognized that the practice of biological tests does not imply the violation of any fundamental right.
What period do I have to request before the Judge that it be recognized that a person is my mother or father, or is my child?
There are different deadlines depending on the concurrence or not of certain circumstances (whether it is a marital child or not, if it is a child with possession of status, that is, it is believed as a well-known fact that such child belongs to said person...), therefore that to determine the period to exercise these actions, all the concurrent circumstances in each case must be assessed.
What is the challenge of maternity and/or paternity?
It consists of the claim made by the son and/or the father (paternity challenge) or mother (maternity challenge) so that the judge determines that such people are not father and son, or mother and child despite their registration in the Civil Registry.
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