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The voluntary acknowledgment of paternity is one of the valid procedures to establish parentage. For this, the father must go to the civil registry where he will carry out said procedure. To do this, it is necessary for the applicant to be identified with their DNI or NIE, which will accompany their valid birth certificate. Obviously, the procedures must be carried out where the registration of the birth of the child took place. The Civil Registry must then summon the mother to give her consent to the paternity acknowledgment action. Once the process begins, the Civil Registry will summon the mother to accept or not the recognition. In any case, the father is entitled to provide proof of paternity, producing a voluntary acknowledgment. In the event of the mother’s refusal to recognize him as the father, the court will investigate and decide by passing sentence.
When there are impediments on the part of the mother to consent to the recognition of paternity, the biological parent may exercise his right before the Courts of First Instance. It is here that the Institute of Legal Medicine makes an appearance to carry out the famous paternity test that will collect samples of hair, saliva or blood. In the opposite case, in which it is the father who refuses to carry out the paternity test, several scenarios can occur. That the paternity suit continues its course, which does not prevent him from being recognized as the father through other, non-biological methods, such as the evidence provided by witnesses and especially those related to cohabitation. Things get complicated when there is a marriage in the relationship, and separation of more than 9 months cannot be proven, because the presumption of matrimonial paternity will apply. For this reason, in order for the filiation to be challenged, it is essential to provide negative proof of biological paternity.
In the field of Immigration, the nationality of the parents is a matter of great importance in determining that of the children. Therefore, for this reason, one of the consequences of recognizing paternity is the possibility of acquiring Spanish nationality by option. It is very important to highlight that what is at stake here is in any case, as established by the doctrine of the Supreme Court, the defense of the child’s right to know his biological affiliation, an issue as we see related in many countries to ius sanguinis nationality Right that becomes more relevant for the case in which the children are minors due to their physical and economic dependence and in order to preserve their best interests. For this reason, carrying out DNA tests is not considered invasive or in any way detrimental to the alleged parent, since the good or purpose sought is greater than the means used, which are also rarely intrusive. It should be noted that any DNA test can be challenged by requesting a second opinion.
The paternity acknowledgment process also implies the possibility of changing surnames, adding paternal names, which is another of the civil registry procedures that we carry out at Foreigners Aema. The father, whether or not there is a separation from the mother, as long as he can prove that he is the parent, may initiate the file so that his surnames are recognized. The case of separation is more problematic if the father is not aware of the birth which, since it occurs, generates the maintenance obligation, which is an inexcusable duty. This explains the right that the expenses derived from maternity be payable in the same way to the father. Consequently, by demand it can be demanded. In this sense, it is also necessary to establish the guard and custody- In this sense, it is also necessary to set guard and custody, visitation regime as well as an alimony if care by the mother is established.
Regarding the consequences of challenging paternity, it is necessary to differentiate the case when it is recognized versus when it is not. In the event that the challenge is achieved, we will have the right to claim the amounts paid for food and maintenance to the mother. Likewise, compensation for moral damages can be demanded in the lawsuit, not only material claims are valid.
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