11
Nov

The process and events that lead to a Challenge of Paternity are extremely sensitive, due to their specialization and the emotional burden they cause for a particular family.

Family Law matters are emotionally and socially charged, by virtue of causing changes in the life of individuals and their family core, specially when it comes to paternity or maternity challenges.

The cases in which a challenge process is necessary, are carried out by means of a Challenge or Disavowal of Paternity in the Dominican Republic, even if this is a family matter, legal and formal proceedings come into play with:

1. A court of competent jurisdiction: 

A) Civil Division of Children and Adolescents, if it is regarding a minor.

B) Civil Division of family matters, if it is regarding a person of age.

The completion of these cases will always be elucidated and determined by a court with jurisdiction in the matter.

2. Central Electoral Board (Civil Registry Office).

As we mentioned above, the challenge proceedings may be:

A) Paternal.

B) Maternal.

Similarly, it is possible to submit an acknowledgement or challenge of parentage during the same process, both maternal or paternal.

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

An acknowledgement of parentage for a person other than the husband must be be processed by a court. In the article Acknowledgement of Parentage requests, you can see all the details explaining the process.

2. Any acknowledgement made by the legitimacy of the recognition of that minor, as long as it is not from incestuous or adulterous relationships.

Legal basis for Challenge and Denial Procedures for parentage.

1. Dominican Republic constitution.
2. Law 659, On Civil Status acts.
3. Law 136-03 regarding Children and Adolescents in the Dominican Republic.

Consequences of the Court’s ruling:

As we know, although individuals acknowledged incorrectly never had any involvement during said recognition, Paternity Challenges result in major changes in their identity documents. Only the birth certificate will change in the case of underage individuals; however, when it comes to adults, all other documents will be affected, for example:

A) Identity and Electoral Registration Document (Cedula).

B) Passport.

C) Driver’s License.

D) Others.

Frequently Asked Questions

• Can an alien with Dominican children start a Paternity Challenge request?

Yes they can. Their Passport can be used as a valid document.

• Are Paternity Challenge rulings from a different country recognized in the Dominican Republic?

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 of the ruling is done before a court with jurisdiction in the matter. Said court applies the same process that we detailed for Approval of sentences issued abroad in the Dominican Republic.

It is important to note that very commonly, children born, acknowledged and registered in the Dominican Republic move abroad at an early age. As a result, a Paternity Challenge process might be conducted in a different country. However, the ruling must be ratified and transcribed in this country.

• Who can request a Paternity Challenge?

1. Father or Mother who registered the child.
2. Biological father or mother.
3. Minor or individual who registered himself.

The party who initiates the process must proceed against the other party. Additionally, they must bring the Central Electoral Board (JCE) to cause.

• How long does the appeal process take?

There is no specific time frame, just an estimation. Please note that two public institutions are involved in the process; each one handles the case differently and independently from each other. You can see estimations of time frames below:

• Claim and ruling in court: Four (4) to Six (6) months.

The workload a particular court is managing is taken into account, as well as if the other party appeals the motion (which usually does not happen).

• Transcription of the ruling and note to the existing birth certificate with the Central Electoral Board (JCE): Twenty-one (21) to Thirty-one (31) days.

• What are the documents that need to be submitted for a paternity or maternity appeal?

The most significant proof for this process is a DNA test; this is irrefutable and will shed light on the immediate process.

• What causes this process and these mistakes?

There is no simple answer to this, each family or individual in general, makes the decision to start this process for various reasons, such as:

• Economic interests
• Social
• Of opportunity.
• Shame to acknowledge a mistake.
• Among many others that drive us as a human beings.

The only thing left is the pivotal and overwhelming consequence for the individual who had nothing to do with the decision; the person acknowledged incorrectly.

There is not a lot we can say about this process, given its personal nature. Us lawyers, judges, firms and law offices specialized in Family Law can only adhere to the evidence and act accordingly.

In our law firm Morillo Suriel Attorneys at Law, we have a division specialized in Family Law in the Dominican Republic, by which we can assist you with any questions or queries that you require in the matter. With discretion, care and confidentiality appropriate for the matter at hand.