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New Bolivian Constitution Guarantees Mothers’ Right to Assert Paternity

Posted: Mikaela on Feb 22 | Uncategorized

Bolivia’s year-old Federal Constitution contains a provision that guarantees each mother the right to register her children with the government using both her surname and the surname of the presumed father, regardless of paternal consent. Article 65 of the new constitution repeals the previous requirement that the father apply for birth certificate, allowingmothers with absent partners to register their children with the state and demand child support.

The provision aims to guarantee minors’ right to identity and allow mothers to assert paternity independently. Under the new regulation, the initial filing is treated as a “simple presumption,” and named parties are able to challenge the birth certificate. If a man contests his identification as the father, he must initiate the legal review and medical testing. If paternity is confirmed, he is responsible for all costs associated with the appeal. Previous to 2009, an unwed mother was responsible for all of the legal and financial costs of establishing paternity.

For some, this new regulation represents a triumph 30 years in the making. According to Julieta Montanyo, representative of the Office of Justice for Women, “We started with this because we felt that it was unjust and discriminatory for women. In addition to enduring a pregnancy, being single mother in society and paying the cost of raising the child, a woman had to get an irresponsible man who wouldn’t take the initiative to recognize his paternity to do so.” Montanyo proposed such a rule at a 1976 lawyers’ conference in Trinidad where it was rejected and called ridiculous.

Many institutions, including the Children and Adolescent Defense, The Family Protection Brigade, The Office of Justice for Women, and the Institute for Women’s Complete Education, had advocated for this measure alongside mothers who had faced the difficulties of establishing paternity and requesting child support.

For more information in Spanish: http://www.opinion.com.bo/Portal.html?CodNot=89124&CodSec=6

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