Mexican High Court Rules DNA Results Are But One Element in Resolving Legal Paternity Mexico Gulf Reporter
go to original June 2, 2014

In a case of first impression, Mexico's Supreme Judicial Court has ruled that a legal presumption of paternity based solely upon the presence of a father's name on the child's birth certificate will not prohibit DNA evidence establishing the contrary.

A five judge panel of the 11 member tribunal found that the admission of DNA results would guarantee a child's "natural right" to the determination of his biological identity, a right which the court said is of "unquestioned constitutional dimension."

"In a paternity proceeding, the identification of a putative (alleged) father on the birth certificate will in no respect prevent the admission of genetic evidence which establishes the point scientifically," the ministers ruled.

But DNA results alone will not dictate a court's determination of legal paternity and the assignment of responsibility for maintenance of the minor. "That will depend upon the factors in each case, the most important of which are the paramount interests of the child."

Read the rest at Mexico Gulf Reporter

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