Legal effects of voluntary acknowledgment of paternity versus denial of the biological link.

Abstract

This article analyzes filiation as a legal and biological relationship between parents and children in Ecuador, highlighting its relevance in guaranteeing fundamental rights such as identity, alimony, and inheritance. The Ecuadorian legal system recognizes various forms of establishing filiation, including the presumption of paternity, voluntary acknowledgment, and judicial declaration, the latter characterized by its irrevocable nature, even in the absence of a proven biological link. The objective of this research was to evaluate the legal regulations on filiation and their application in the Ecuadorian context, analyzing their coherence with the principle of the best interests of the child and biological truth. Methodologically, a qualitative approach was adopted, based on historical-logical, analytical-synthetic, exegetical, and inductive methods, complemented by a comparative law analysis. Additionally, a documentary review of relevant legal norms, doctrine, and jurisprudence was conducted. The results show that the absolute irrevocability of the acknowledgment of filiation contributes to the legal stability of the child; however, it also creates tensions by affecting the rights of the alleged parent when there is no correspondence with biological reality. It is concluded that, although the Ecuadorian legal system prioritizes the best interests of the child and legal certainty, it is necessary to introduce reforms that harmonize biological truth with substantive justice and equity, ensuring a proper balance between family stability and the rights of the parties involved.