El derecho a la identidad y el interes superior del niño, en el Cantón Ambato, Provincia de Tungurahua

Abstract

The right to identity and the best interests of the child, has the purpose of the present investigation that respects the right to be recognized by their parents from the moment of birth and if for some reason they do not enjoy the same surname, the injured can access the claim and investigation of paternity at any time of his life, where there is no prescription for time and may even be done by the father or mother, who guarantees the State, together with the laws, the enjoyment of the right to be recognized by their parents, which is the fundamental to be able to access other rights, such as providing food, being involved in inheritances etc. In view of the fact that it is a social problem that generates rejection and discrimination because it is called illegitimate children, it is a subject that must be studied, generating quick solutions since it is more than sufficient the lack of love and family dysfunction, since unexpected children tend to suffer from birth, diverse behaviors of their parents, which vary from acceptance, resignation and refusal to take responsibility. The last point is key because without it the normal performance of the child's life will not be the same as the legitimate ones, let alone full, that is why the State is responsible for fulfilling its right and any person who has an interest on the same one it will be able to impel the action of investigation of paternity and as main cause that there are no obstacles, much less contradictions with the Constitution, no law that can be extinguished or prescribe the right to take the last name of its parents.