Pre-natal child support obligation and the impact on the alleged parent’s rights

Abstract

This research work refers to the analysis of the prenatal maintenance obligation imposed by the competent authority on the alleged parent, without being certain of the true paternity of the same, however, this obligation is imposed, which is imposed according to the table of alimony from conception and up to twelve months after the child is born. In cases of false imputation of paternity, the Civil Code establishes that, in the case of intent to obtain food, the pecuniary compensation will be joint and several, leaving the presumed father totally defenseless so that he can exercise an action such as the repetition of payment either against the mother or the real father. Ecuadorian legislation does not take into account the conditions that are caused by the imposition of paternity without having any certainty since it not only affects the patrimony, but also the moral, honor and good name of the person before his family and the society. The methodology that we have used to develop the research was qualitative since different concepts, regulations, comparative legislation, among others, were collected and analyzed. With them we were able to demonstrate that there is a legal vacuum in cases of pecuniary restitution for the false imputation of paternity.