Filial Identity And Parenthood And/Or Socio-Affective Filiation

Abstract

The identity of children is constituted through the voluntary recognition made by the parents of their children, thus establishing the filiationand with it all the legal-family rights that are generated. For this reason, there is a doctrinal, jurisprudential and normative position that proposes to guarantee the identity to safeguard the rights of the group of priority attention and even provides for the integral reparation of the right, when it has been violated, starting with the challenge of paternity and the correct establishment of filiation. Within a second doctrinal position, there is Ecuador, a Constitutional State of Rights where there is no legal mechanism that guarantees the veracity of the constitution of the filiation identity. On the contrary, by Resolution No. 05-2014 the National Court of Justice of Ecuador determined that paternity cannot be challenged althoughthe biological mismatch can be demonstrated, thus preventing the recovery of the identity when it has been violated. The main argument of the second position is the possibility that between the recognizer and the recognized a parentality and/or socio-affective filiation is formed which, despite not having been proven, if there is one, safeguards the integral development of the minor. Methodologically, the approach is qualitative, being a bibliographic type of research, based on the saturation of sources: primary and secondary, and the processing of the information. Finally, the conclusions of the work were arrived at, which was only possible throughthe support of the position taken.