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What is the procedure for requesting a paternity DNA test?

The paternity test determines the genetic link with the children. In Ecuador, children born within the marriage are registered as such in the Civil Registry without the need to carry out any additional procedures.

However, children born outside or before marriage in cases where the father persists in refusing to voluntarily and legally assume his paternity must wait for a judge to declare the paternity of the alleged fathers, in order to be registered in the Civil Registry.

If the alleged parent does not voluntarily recognize his / her child as his / her child; according to the law, the mother has the right to apply in the same maintenance application, for the judge by order to declare the paternity of the defendant. To this end, "the judge shall, at the request of a party, order a comparative examination of the patterns of bands or sequences of deoxyribonucleic acid (DNA) of the beneficiary and of the defendant", in accordance with article 131 of the Code on Children and Adolescents.

¿Cuál es el trámite para solicitar una prueba de ADN por paternidad?

In view of this, the corresponding unit contacts the laboratory, which schedules the appointment. The parties involved (defendant and plaintiff) receive notification of the day and time of the appointment for the test.

¿Cómo se realiza la prueba?

The paternity test is carried out using samples of oral swabbing and / or blood of the alleged father, child and mother. Results are delivered from 5 to 7 working days.

​​Genetic markers are analyzed twice, guaranteeing results with a probability of 99.999999% if positive (inclusion) and 0% if negative (exclusion). They are reliable and confidential.

Unusual samples such as nails, hair, ear wax, chewing gum, toothbrush, etc. (requirements depend on the laboratory) are also processed.

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