Paternity Presumption in Relation to the Principle of the Best Interests of the Child

Abstract

This research, approached from a qualitative perspective, explores the presumption of paternity within Ecuador’s legal framework, focusing on its relationship with the best interests of the child. The research aims to understand how this concept is perceived and what are the personal experiences related to the presumption of paternity, along with emotional and social impact. Methods such as participant observation and legal case analysis are used to collect non-numerical data. The presumption of paternity is established on legal grounds that automatically assign paternity to certain individuals. In Ecuador, this principle plays a crucial role in family relations and in protecting the rights of minors. Establishing a connection between paternity presumption and the child’s best interests is crucial, a key principle in both international human rights law and Ecuadorian legislation. It is argued that the paternity presumption should be interpreted and applied to protect and promote the child’s welfare, even in cases of controversy over true parentage. Therefore, this study aims to enhance the academic and legal debate on paternity presumption in Ecuador, advocating for an approach that ensures the full protection of children’s and adolescents’ rights while respecting fundamental principles of justice and fairness in their family environments.