Paternity contestation process and effective judicial protection (Review)

Abstract

This paper aims to analyze the process of paternity contestation considering Ecuadorian doctrine, regulations, and jurisprudence to determine whether it complies with the constitutional principle of effective judicial protection. Paternity, and thus its contestation, is a particularly sensitive issue as it directly impacts the family, which is the core of society, and is also related to a significant number of rights, including the right to identity and the best interests of the child. To develop this research, various research methods were employed, primarily theoretical in nature, with an emphasis on analysis and synthesis, induction and deduction, documentary analysis, and legal hermeneutics. The use of these methods and techniques allowed for a deeper exploration of the topic and led to conclusions indicating that, despite existing regulations, there are still divided opinions regarding the mechanisms used in paternity contestation processes and whether they comply with the principles of effective judicial protection for all parties involved. This highlights the need to continue exploring this topic, both the academy and jurisprudence, as well as legislative bodies in Ecuador, must continue developing this issue since it is evident that paternity contestation processes, due to their multiple implications, will continue to arise and be a source of divergence among legal professionals.