11
Nov

Our legislation recognizes two different methods of acknowledgement of paternity, the method to use is contingent on the details of each case. The different methods of Acknowledgement of Paternity are:

A) Voluntary.

B) Judicial.

A voluntary acknowledgement of paternity in the Dominican Republic is the process or act, performed by the father directly. Some of its features are:

• Available.
• Prompt.
• Voluntary.

This assuming paternity of the child who has already been acknowledged by his mother, as per Article 2 of Law 985 from 8/31/54.

When we speak of recognition of paternity, it means that the mother already registered the child and there has been no recognition of a father in this declaration.

This is the only Act of the Civil State with no jurisdiction, i.e., it can be done:

• In any Civil Registry Office.

• Abroad, by consulate.

It is done by the father in this case. However, there are multiple ways it can be granted. These are:

A) By will or Authentic Act, in case the father passes away.

B) By the grandfather, in the event that the biological father passed away.

C) Judicially, it can be claimed by the mother or son.

“The Acknowledgement may precede the birth of the child or be subsequent to their death when they have children“.

In short, an acknowledgement can be done one of the two following ways:

1. Voluntary or amicably, i.e., the father does so voluntarily; and
2. Judicially, that is, by term of a judge.

A judicial acknowledgement, does not apply only because the biological father does not want to recognize his child, it also applies in cases in which the mother of the child in question is married. This is established in the civil code of the Dominican Republic, Article 312, which states:

“Children conceived during a marriage are automatically presumed to be the husbands.”

The judicial process, called motion of Acknowledgement of Paternity, is also admissible and applicable. However, it differs from the voluntary one, in the following areas:

• It takes longer.
• It is presented to a Court with jurisdiction and a specialized court.
• They must provide evidence.
• The representation of a lawyer is required.

Consequently, even if the biological father does not agree with the acknowledgement, it can be imposed by court ruling. This process is discussed below.

In the event that the child is recognized, another process applies and needs to be exhausted first. This corresponds to the Disavowal or Challenge of Paternity, after which an acknowledgement of paternity can be started.

Consequently, even if the mother is married but has no emotional bond with the husband, the law assumes that he is the father. If the biological father wishes to acknowledge his son or daughter, it would need to be by judicial means, through an Acknowledgement of Paternity motion.

Both claims can be made concurrently. These are:

• Disavowal or Challenge of Paternity: This is done if the child has been acknowledged by the husband or by a man who is not his biological father.
• Acknowledgement of Paternity claim: Refers to the process described in this article.

As a result of this process, the father’s information is changed, and with that, he obtains procedural and timely deductions.

FAQs

• What are the requirements for the acknowledgment?

1. Identity and Electoral Card (cedula) of the father or passport if he is an alien.
2. Electoral Identity Card (cedula) of the mother or passport if she is an alien.
3. Birth Certificate of the son or daughter (in whose favor the acknowledgment will be made) declared by the mother. If the son or daughter was born abroad, the birth certificate must be transcribed in the Registry of the country.
4. Two (2) duly identified witnesses with their Identity and Electoral Card (cedula), if they are Dominican citizens or their passports if they are aliens.

If the Mother is unable to be present at the time of declaration, she can issue a power of attorney, stating that she consents to the declaration of the child.

If the mother was married at the time of the child’s conception, a friendly or voluntary declaration may not be possible; the father would need to request the child’s recognition before a court having jurisdiction.

• What are the steps and procedures needed to perform a recognition of parentage?

The process is simple and easy, we can summarize it in two steps:

1. The mother, father and the witnesses would need to go to the Civil Registry Office of their choice.

Note: The best course of action is to process the request in the same Office where the initial declaration of the individual in question took place; otherwise, additional steps to the process will ensue.

2. Wait for the date in which the birth certificate showing the inclusion and the recognition of the father (if applicable) will be issued.

• Is there an age limit to recognize a biological child?

There is no age limit. You would only need to take into account that the father must be in full possession of his faculties.

In voluntary cases, children of age must provide their consent.

• Does this acknowledgment of paternity help my child in an immigration process? For example:
• Nationality from a different one to Dominican.
• Legal Residency.
• Among others.

Yes, it does help. However, it will be up to the discretion of each country or institution to request supporting documents.

Given how easy, fast and inexpensive this process is, it has been widely used in the Dominican Republic to grant immigration benefits.

When a birth certificate was rectified by means of a sentence, you will see that noted at the bottom of the document, so as to serve as an alert. It is up to each institution or country to request supporting documentation.

• If my biological father passed away, how can I get his recognition?

It can be done judicially; however, a grandfather can process the recognition as well.

• Should the biological father provide evidence during an amicable recognition?

No. However, the Civil officer may ask questions to validate.

• How is the recognition process when it comes as a lawsuit?

Unlike voluntary recognition, it has to be decided by a court. The process is as follows:

A) A lawsuit is presented to a court with jurisdiction:

• If the subject of the recognition is underage, it must be done with the Child or Adolescents Court with jurisdiction.
• If you are of legal age, the Family Court with jurisdiction.

Notes:

• The jurisdiction is determined by the domicile of the individual being recognized.
• Both courts are of civil nature.

Should I submit proof? Which supporting documents should I provide?

DNA test.

• Can you only sue the biological father?

No, the recognition claim is admitted following a direct line. This would happen if the biological father has passed away or is missing.

In the event that the biological father has passed away, you may still do the test by asking for an authorization of exhumation.

Remember that the biological father, the mother, and the son are able to request recognition.

• If I am an alien with no Dominican ID and reside abroad, should I start a Voluntary Recognition or Judicial Claim?

Yes, and the same process and requirements apply. You would need to provide your valid Passport as your identity document.

• If the Recognition of Paternity claim is processed through Judicial means and issued abroad, does the Dominican Republic adopt the sentence?

More often than not, the process that applies in these cases is the official approval of the ruling. You only need to ensure you take the following into account :

• The ruling must to come from one of the countries that has a mutual agreement with the Dominican Republic.
• The ruling must be apostilled or legalized by the Dominican consulate of the country where it was issued.
• If it is in a language other than Spanish, it must be translated by an officer.
• The ratification is presented before the court having jurisdiction. The same process we described for inratification of a divorce decree applies.

Our Morillo Suriel Attorneys at Law firm has a division specialized in Family and Civil Law, which can assist you with any questions or concerns you might have in the matter.