Nulidad del reconocimiento voluntario de paternidad por fraude en la filiación

Abstract

This investigative article focuses on studying the nullity of voluntary recognition due to fraud in paternity in the Ecuadorian legal system in order to analyze its impact on the rights of children and adolescents. This approach is oriented to identify the action of nullity and what it entails according to the corresponding regulations in order to understand its procedure. In addition, the foundations on which judicial resolutions No. 21201-2020- 00516; 17204-2022-03032 and 04951-2019-00840 to determine the effects of the nullity of voluntary recognition of paternity specifically on the right to identity and the superior principle of the child. To achieve these objectives, a qualitative approach methodology with an analytical-synthetic method is used, which allows gathering and decomposing relevant information; Induction-deduction facilitates the extraction of general conclusions from specific cases, and the technique of bibliographic review and documentary analysis is used. These methodological strategies allow for a comprehensive analysis of the legal problem at hand and a solid proposal that contributes to the understanding of this issue in relation to the protection of children's rights