Paciente y doctor- Dudas legales sobre paternidad: un abogado nos responde

In this article you will find:

  • What happens if a parent refuses a test of motherhood?
  • I don't want to put my son with the last name of the dad how do I do it?
  • Can I put the surname of my new partner to my child?

The lawyer Hector Valenzuela, answers some of the questions most frequently asked about the change of surnames on children, as well as explains about the DNA evidence and the rights that you may have a new partner in the life of a child.

Many mothers wonder whether the father should recognize necessarily his son, but he refuses, and it is certain that a mother could establish a claim of claim of state but you must first determine biologically what are the ties that bind them.

Two important aspects

  1. You must file a petition for recognition with the purpose of determining the alleged father, this is done before a family court.
  2. It will summon to a hearing to ratify the lawsuit and request a DNA test, citing to both parties to the legal medical service.

What happens if a parent refuses a test of motherhood?

Before you require a paternity test, the mother should take into account that only can be done if any of the two parties you have a question related with the identification of the true father of the child, the DNA test could solve this problem, but if a man does not want to access the exam and the mother is sure that it is the father, then you can challenge demands that favor the woman.

“Now, if the father is not in the same country where the child is, there are international procedures to achieve its notification,” says Hector Valenzuela.

I don't want to put my son with the last name of the dad how do I do it?

If you decide not to place the surname of the father you must take into account that this action is the result of reason and not by mere whim, it would be advisable to enroll your baby in the registry only with your surname as long as your reasons to have a good support.

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“If the parent shows interest in the baby he will be the one to claim in a court of law the paternity of your child, if you don't you'll clearly see your lack of concern for the child and you will feel that you made the best decision, in addition you will save yourself from possible problems later on, as any thing that you want to reclamarte on the child as the visits must be with a prior recognition,” says the specialist.

But you need to take into account two important things, if the father has no rights nor does it have obligations, and vice versa, although if you really think that you should not be in charge of your son, I guess that will be no problem. If you do decide to make this saves you the papers you will be given at the clinic, with those documents is that you can make the legal registration of the baby.

Can I put the surname of my new partner to my child?

“This could be done if there is a loss of link with the biological father, i.e. the child has no contact with the father to deny him the food, clothing and the love that should bring a dad, this is why many mothers opt to ask for the declaration of susceptibility to be able to start an adoption process that will allow the new partner to place his name; now, if the biological father exists and complies with their responsibilities as fathers, there is no way to remove his last name because the father is playing a good role,” explains the lawyer.

The most advisable thing in these cases is to consult with a lawyer all the doubts that exist about the legal issues that arise in a partner, to avoid in the future do not regret the actions taken in a beginning.

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