Differences Between Claim And Challenge Of Parentage?
Many people are unclear on the difference between a parentage challenge and their claim. In reality, the legal articles can be somewhat complex when explaining this issue. We refer in this case to the Civil Code, which regulates this type of issue.
Affiliation is as such a legal right that exists between two biologically related persons. The actions that are carried out around it have to do with the legal determination of kinship relationships between parents and children.
Being able to claim or challenge is important because relationships grant rights and obligations between the parties. Matters such as inheritance are based on the legal definition of the consanguineous nexus. Therefore, we must all understand a little about the subject.
What is the claim of filiation?
Claiming a parentage is acting to obtain a legal ruling on the establishment of an undetermined relationship. In other words: the claim is made when the parent-child nexus wishes to establish itself at the legal level.
Research can be totally free in this process. In this way, interested parties could rely on all kinds of evidence, including biological ones. The best known example is the famous DNA tests for the determination of paternity.
From the claim, the Public Ministry must ensure the best interests of the affected party. The matter is complex because the law establishes the need to legitimize those interested in these actions. According to STS 267/2018, it is necessary to record repeated and chained public events that result in the public enjoyment of filiation.
Affiliation challenge
In contrast, the challenge of parentage seeks to declare that a parentage parentage verified in the Civil Registry is not real. In these cases, the paternity exercised is disputed and denied by the father or the child.
The legislation provides for two types of challenge of affiliation. The marriage can be requested by the father within a period of one year, after the paternity registration has been made. Children can also contest after one year of legal filiation registration.
On the other hand, there is the non-marital challenge. This can be requested by anyone affected when there is no possession of marital status. In the case of having this documentation, only the father or the son may contest, after the four years of their possession.
There is a third type of challenge, although it is usually rare . This is what happens when the recognition of parentage is challenged. These are people who acknowledge the relationship before the Civil Registry and then challenge it knowing that the link is false.
Some differences of both actions
One of the main differences between the claim and the challenge is that the claim of parentage can be made by fathers, mothers and children. The latter could request the action through their legal representative when they are minors.
In the case of children, this action can be done practically at any time in their lives. In addition, descendants and heirs can even continue the claim actions of an affected person after his death.
Instead, the challenge of parentage is usually made by the father or the man as the husband. It may also be the case of children who request to contest the parent-child relationship under the suspicion of not existing biologically.
Who can make a claim?
As we are seeing, it is important to determine who may have a legitimate interest in making claims. According to the regulations, not everyone can initiate a claim action. The fact is that the Civil Code considers the principle of family tranquility as inviolable.
Therefore, only affected fathers, mothers and children may request the claim without possession of marital status under evidence. There is the possibility for anyone to make this request, but only in case of constant possession of state. This is established in article 131 of the Civil Code.
Matters such as inheritance law, parental authority, parental responsibility and establishment of surnames can be resolved through these actions. From here, it becomes clear why these types of measures can be decisive for anyone.
