The admissibility and evaluation of DNA evidence in the nullification of the voluntary acknowledgment of paternity

Abstract

Within the administration of justice in cases of annulment of voluntary paternity acknowledgment, DNA evidence has been inadmissible. This is due to confusion arising from the fact that, according to the National Court of Justice in Resolution No. 05-2014, such evidence is not admissible in paternity dispute trials, where the absence of a biological link established through DNA testing does not constitute proof for such proceedings. Therefore, the aim of the study was to legally analyze the proper valuation and admissibility of DNA evidence within the mentioned process, as it is fundamental for ensuring the right to identity, effective judicial protection, and legal certainty. Conversely, it would be worthwhile to assess the validity of DNA evidence in the annulment trial of voluntary acknowledgment, given that this trial does not discuss biological truth but rather whether there were defects in consent.