Puerto Rico: Civil Code allows more time to Challenge Paternity

Taking into consideration the scientific advances in the field of genetics as well as social changes, a proposal was submitted, in Puerto Rico, to update the law which regulates the challenge of paternity.

The active Civil Code was amended from the original law, approved in 1930. This law was adopted then from part of The Civil Code of Spain which was based on the social and scientific conditions of the time. Since 1930, Puerto Rico has undergone huge social transformations along with the great scientific advances in the field of genetics.

Filiation, in the legal system, establishes the paternal and maternal relationship of all children to their parents. This relationship generates a series of rights and responsibilities. Filiation, is the act through which a father, mother or both, acknowledge that a child is their son or daughter.The advances in genetic sciences which have provided the DNA technology as a tool to establish paternity results in a conclusive way. Considering the powerful genetic technology, The Legislature of Puerto Rico, has recognized the importance of these genetic tests in judicial cases of paternity to challenge paternity.

Presently, The Civil Code, establishes that challenging paternity of an alleged child has to be done within three months after registering a child, and six months if the alleged father does not live in Puerto Rico.

However, because these terms are so short, they usually elapse before the alleged father can verify his paternity. Not only the alleged father has the right to challenge paternity but also the biological father. In addition, the mother can exercise that right in both cases, when the natural father is needed to recognizes paternity of a child but also when maternity is in question (as in cases of accidental exchanges of babies at hospital) and abductions.

Both paternity and maternity are familial relationships which entail great financial and emotional responsibilities towards a child. This parental responsibility cannot be imposed to an individual just because at one point, the individual agreed. It is very important to look after a child’s best interest, but this should not be done at the expense of neglecting basic principles of justice and truth. In the same way that love cannot be faked, neither can paternity.

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