The legal implications of the presumption of the time of conception in the ecuadorian civil code

Abstract

Introduction: The presumption of the time of conception established in article 62 of the Ecuadorian Civil Code expressly establishes that conception precedes birth in ranges of one hundred and eighty days to three hundred days, a notion that constitutes a presumption of law, that is, it does not admit contradictions, having the main objective to establish filiation, however, currently due to the multiple scientific and technological advances there are methods that allow determining filiation with greater precision, for which said presumption is obsolete not only because of its rigidity in the range it establishes to determine conception but also because of the fact that it does not admit evidence against it even when thanks to technology it has been possible to evidence the deficiencies of this, to the point of even violating fundamental rights. Objective: To analyze the presumption of the time of conception, its legal implications, and challenges in determining filiation in the Ecuadorian Civil Code, to protect the rights derived from it. Methodology: The research will use analytical and analogical methods to address the shortcomings of the presumption of the time of conception in parental filiation and argue the need to adopt modern technologies based on the analysis of foreign legislation. Conclusions: Given this problem, the need to modify article 62 is highlighted, so that the presumption "of law" becomes simply legal, which would allow the admission of contrary evidence, and would better adjust to the current state and scientific reality. It is worth mentioning that Ecuadorian law, being of a progressive nature, must adapt the laws and prevent violations from occurring. General study area: Law and administration of justice. Specific study area: Family civil law. Type of study: Systematic bibliographic review.