SCJN halts project proposing disavowal of paternity
The Supreme Court of Justice of the Nation (SCJN) rejected a proposal that would have allowed a father to disavow his paternity of a minor, starting a 60-day countdown from when a genetic test proves no biological link.
The Supreme Court of Justice of the Nation (SCJN) in Mexico has halted a proposal that would have changed the way paternity disavowals are handled. The initiative, led by Minister María Estela Ríos González, suggested that the 60-day window for a father to disavow paternity of a minor would begin only after testing confirmed an absence of a biological link. This raised concerns among other justices, who emphasized the importance of preserving the emotional and legal ties between a father and child, highlighting the principle of the 'best interest of the child'.
The genesis of this case lies in an amparo filed by a father in Chiapas, who contested an existing article of the Civil Code granting a 60-day period from birth to assert paternity disavowal. He argued that this timeframe was unconstitutional, as it may not account for unforeseen circumstances like discovering lack of biological relationship due to genetic testing. The case drew attention to the delicate balance between legal rights and the emotional bonds formed in familial relationships.
Ultimately, the SCJN's decision reflects a commitment to protecting the integrity of familial relationships and the well-being of children. By dismissing the proposal to alter the timeline for paternity disavowals, the Court affirmed the necessity of maintaining established connections between parents and children, which can play a critical role in a child's emotional and social development.