pareja- conoce todo sobre pruebas de filiaci├│n y derechos hereditarios

In this article you will find:

  • Volunteer recognition
  • Can my child receive an inheritance if you do not have the father's last name?
  • What happens if my child has not been recognized?

By the law of life at birth we all have a mother and a father, but from the legal point of view it is not so, we can have a mother and a father, but it can also happen that only have one of them, either because the father has died or simply because they do not want to acknowledge paternity.

When there is no voluntary acknowledgment by the father, every person has the right to claim in court his parentage, paternal, this depends especially on a test that consists in showing the relationship that exists between father and son, the test will vary according to the environment in which the baby is born, that is to say, if it is of children born in marriage or out of it.

Try the maternity is much easier because the delivery becomes the better test to verify the identity of the woman, and the link is maternal. Now, the proof of filiation depends on the conception and serves to demonstrate:

  • The carnal knowledge of the alleged father with the mother who gave birth.
  • During the time of conception, the woman had no relations with other men.

Volunteer recognition

The father can recognize his son voluntarily and included by:

  • The birth certificate of the Civil Registration of Births.
  • In the marriage certificate of the parents.
  • In wills or in any other public act.

Can my child receive an inheritance if you do not have the father's last name?

If not, there is a recognition of the child and the mother wants to claim the rights of inheritance, the first thing you should do is to check the parentage through a court, with a biological test to establish paternity, and of being positive the laws are going to understand that the child has a right over their properties.

Also read: Samples of DNA

What happens if my child has not been recognized?

“If a child has not been recognized, and there is no one test to establish paternity hardly recognize that you have rights on the assets of the parent, especially if there are other family members that have been recognized, in some cases members of the family recognize the child as part of them and share with him all his rights, even if they are not in the obligation to do so is an act of solidarity and recognition not legal, but valid,” says Hector Valenzuela.

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 family, mothers should take into account that in these cases the future of the baby may depend on various actions arising out of paternity.

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