Given the parent's refusal to recognize the child before or after having a birth certificate, previously the courts, through a paternity inquiry procedure, in charge of resolving this dispute in accordance with Article 210 of the Civil Code.
However, a new variant was designated since 2007 in the Law for Protection of Family, Maternity and Paternity published in Official Gazette No. 38,773 of September 20, 2007 (LPFMP) when it was established that in the case of recognition of children was in the administrative, ie before the competent CIVIL REGISTRY to be carried out this procedure of recognition.
Thus, the Law for Protection of Family, Maternity and Paternity establishes the procedure to bring the Civil Registry for this type of recognition, since being made the presentation of the child or girl, the officer or competent official of the Register, prepare immediately respective birth certificate. Likewise, the civil servant shall notify the person named as the father of the child, within five working days following the presentation, for the purpose of appearing before the Civil Registry to recognize or paternity, within ten working days notification. But if, having been notified of the person named as the father, appeared before the Civil Registry and accepts paternity is considered a voluntary recognition with all legal purposes, noting the recognition in the record and in the Book of Birth concerned. That is why civil authority will issue new birth certificate to replace what was raised with the presentation the mother, which would be void. The new Act contains no mention of administrative procedure carried out.
In the event that the person named as the alleged father of the child denied paternity, you can apply the practice of biological paternity test Deoxyribonucleic Acid (DNA) or other related expertise. In this case, the Registrar shall order it conducive to the purposes for which the specialized agency make such expertise, in this case the Venezuelan Institute for Scientific Research (IVIC), as GRATUITY be guaranteed by the state. If the alleged father refuses to do this test, be considered as evidence against him. If the expertise for the determination of parentage confirm paternity, it will record that fact in the proceedings and in the Book of Birth, have their full legal effect and shall give birth record considered as a voluntary recognition all legal purposes.
Currently, this procedure is unknown to many lawyers and legal practitioners, using the traditional way of inquisition trials of parenthood, this rule resulting "repealed" by ignorance and stubbornness, there bear in mind that the Civil Registry not be limited to continue with the same machine work (birth, marriage, death, faith, life, etc.), its application by the Registrar give higher facilities in the recognition and create less trauma to children that result from extramarital unions, so that after a period of almost 4 years since the publication of the law is notoriously inefficient rules that help you be more rapid solution to this problem.
Abg. Joseph F. Monaza M.
Monaza17@hotmail.com
http://asesorialegalenvalledelapascua.blogspot.com/
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