Discipline Of Paternity
The human being, when having sexual reproduction, inherits an allele from the mother and another of father. The experiment genetic paternity is based on comparing the nuclear DNA of both. La experiment Paternity leave can be requested by different people, in the Areas la mayoria of the actions of filiation (in which it is requested that the recognition of father) that are given are the claims of paternity filed by the mother above all.
When the mother request the experiment of paternity:
Sometimes, it can be the mother the one interested in ask la experiment because I want through a sentences judicial to force the father biological to have responsibilities (e.g. maintenance) regarding the hijo en común.
When the father request the experiment of paternity:
Sometimes it will be the own father biological the interested party in proving his paternity or non-paternity, and may also request the experiment, since according to the result of the same could have or not right to visits, custody, exercise la homeland-powerIn obligations how to lend it foods, watch over their care, give them their surname, etc.
When the hijo ask for the experiment of paternity:
It may happen that the experiment of paternity legal be requested by the hijo interested in knowing the identity of its father biological, in such /// must be Most 18 years old, since during his minority edad el exercise of the action de claim It has to be done by your representative legal (eg. mother ) or by the Ministry Public.
For validity of the experiment is required:
- At proceedings professionals, judicial experts or doctors must act in taking the sample, their function would be to confirm la identity of the parties that submit to the experimentHow should the identity of the participants in the experiment, it is appropriate that it be carried out by and in the presence of a Experience Independent.
– An information request must be filled out where the information is given. authorization to the submission of tests (consent informed) and where personal data and data relating to the experiment, doctors, etc.
In addition, samples must be analysed in laboratories accredited for their collection and that comply with all quality requirements.
– The law must be respected chain de custody, or what is the same, the set of measures established in order to protect the identity and integrity of samples that may be a source of experiment de acts with judicial significance.
If it breaks chain de custody la experiment of paternity cannot have in any /// validity legal nor judicial, since the acceptance of a experiment that does not guarantee its possible alteration or manipulation would constitute a violation of the right that has everything citizen to “a proceedings with all due guarantees." Thus, by respecting these simple but necessary rules, the fraud and it is given legitimacy to experiment of paternity legal for its efficiency procedural.
En /// If any of these requirements are not met, the paternity test will not be admitted or carefully may be challenged by one of the parties.
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