Repeal and Reform Article of the Special Law for Responsible Motherhood and Fatherhood

REPEAL and REFORM Articles 2, 4, 14 and 23 of Decree No. 92-2013, dated June 3, 2013, which contains the SPECIAL LAW FOR RESPONSIBLE MOTHERHOOD AND FATHERHOOD, which shall be read as follows:

OBJECTIVES OF THE LAW. The objectives of this Law are:

• 1)

  To establish the framework of Rights and Responsibilities associated with responsible parenthood and motherhood;

• 2)

  To establish the mechanisms and procedures to guarantee that every child be legally recognized by their parents and, when necessary, to determine with legal certainty motherhood or fatherhood, thereby enabling responsible motherhood and fatherhood;

• 3)

  To provide information and educational programs for society in general and in particular for adolescents so that they learn about the obligations and rights derived from responsible parenthood and motherhood;

• 4)

  To establish the requirements and special procedures for the investigation of paternity and maternity;

• 5)

  To guarantee and protect the right to social and legal protection of adolescent mothers and their children when they are in conditions of social and economic vulnerability and food insecurity; and,

• 6)

  To protect and guarantee the rights of the adolescent mother.

RIGHTS AND PRINCIPLES RELATED TO RESPONSIBLE MOTHERHOOD AND FATHERHOOD. Without prejudice to other guarantees and rights, the State of Honduras must protect the right of every child to:

• 1)

  Their own name and surname, personal identity, family life and personal development;

• 2)

  Their recognition and immediate registration at birth;

• 3)

  To receive from their father and mother care and attention to both material needs and affective and emotional needs of their daughters and sons;

• 4)

  To maintain a relationship with their father or mother in cases of separation of either; in which case, the Directorate of Childhood, Adolescence and Family (DINAF) or the responsible entity may act as a conciliator to contribute to the effective exercise of responsible parenthood and motherhood, unless restricted by a ruling of a competent authority;

• 5)

  To be heard in all administrative proceedings that affect their rights either personally, through a legal representative or by the competent authority, according to their age and maturity; and,

• 6)

  To have their unknown or presumed paternity or maternity investigated. The right referred to in numeral 6) must be exercised through their legal representatives and in their absence, the Directorate of Childhood, Adolescence and Family (DINAF) or the responsible entity, or the Public Ministry in representation of the State of Honduras.

A.- OFFICIAL COMMUNICATION TO THE PUBLIC MINISTRY. In all cases in which a child appears to be registered only with maternal filiation, the Civil Registry must communicate to the Public Ministry, which must seek to determine paternity and recognition of the child by the presumed father. For these purposes, the mother must be urged to provide the name of the presumed father and all information that contributes to his identification and whereabouts. The declaration regarding the identity of the presumed father must be made under oath; the mother must first be instructed of the legal consequences that result from a false statement.

B.- TYPES OF EVIDENCE. In filiation actions, all types of evidence are admissible, including genetic evidence, which may be ordered ex officio or at the request of a party. In the event that it is impossible to perform genetic testing on any of the parties, the studies may be conducted using genetic material from relatives by nature, up to the second degree of consanguinity, with priority given to the closest relatives. CHAPTER II-A RESPONSIBILITY OF MOTHERHOOD AND FATHERHOOD OF ADOLESCENTS.

A.- RECOGNITION BY ADOLESCENTS. Adolescents who have conceived before the legal age valid for contracting marriage may recognize their sons and daughters. In cases where an adolescent is designated as presumed father, he may oppose this judicially through his parents and/or legal representative. In all cases in which it is presumed that an adolescent is the father, the Directorate of Childhood, Adolescence and Family (DINAF) and the Public Ministry must intervene as parties in the proceeding.

B.- CHILD SUPPORT. Once the judgment is final in which the recognition of paternity of an adolescent or his voluntary recognition is declared, the adolescent and/or his closest ascendants shall owe child support and expenses corresponding to what is provided in Article 23 of this Law.

C.- EDUCATION AND INFORMATION CAMPAIGNS. The Secretary of State in the Office of Education and other responsible authorities within their respective competencies, must promote programs that provide educational services in classes and subjects, starting from the fourth grade, so that adolescents learn about the obligations and rights derived from parenthood, the implications of pregnancy in adolescence, and topics related to sexuality, procreation, and prevention of sexually transmitted diseases. Measures must also be taken to ensure the continuity of studies by pregnant adolescents both in the pre-partum period, during and after childbirth. Likewise, public policies and campaigns related to responsible fatherhood must be formulated and executed. NEW ARTICLE 30-D.- The prevention of pregnancies in adolescents is declared a matter of priority and national interest, with the objective of contributing to a cross-cutting effort within the State.

E.- DELINQUENT DEBTORS. Every person obligated to pay child support whose obligation is established by final judgment or other homologated resolutions who fails to pay three (3) consecutive times or five (5) alternating times after being notified and if he has not been able to demonstrate his compliance must be immediately registered by judicial order and at the request of a party through official notice to the Registry of Delinquent Food Debtors.

G.- CERTIFICATE OF FREEDOM FROM CHILD SUPPORT DEBT. Public and private institutions and official public organisms must not perform the following procedures or requests without the corresponding Certificate from the Registry of Delinquent Food Debtors:

• 1)

  Requests for opening of current accounts and granting or renewal of credit cards, as well as any other type of banking or securities operations that the respective regulations determine;

• 2)

  Authorizations for the opening of commerce and/or industries;

• 3)

  Request for Passport; and,

• 4)

  The request for a driver's license or its renewal.

REFORM of Decree No. 92-2013, dated June 3, 2013, which contains the SPECIAL LAW FOR RESPONSIBLE MOTHERHOOD AND FATHERHOOD in the sense of replacing the figure of the Honduran Institute of Childhood and Family (IHNFA) with the Directorate of Childhood, Adolescence and Family (DINAF).

The Regulations of this Law must be elaborated by the Executive Power through the Secretary of State in the Offices of Human Rights, Justice, Government and Decentralization, and the Directorate of Childhood, Adolescence and Family within a period of forty (40) days, with the participation of a representative of the Public Ministry, National Registry of Persons (RNP), Family Court, Secretary of State in the Office of Health, Secretary of State in the Office of Education, and the National Congress of the Republic through the competent commissions related to the subject matter.

EFFECTIVE DATE. This Decree shall take effect four (4) months after its publication in the Official Gazette La Gaceta. Given in the city of Tegucigalpa, municipality of the Central District, in the Hall of Sessions of the National Congress, on the tenth day of the month of May of the year two thousand sixteen. ANTONIO CESAR RIVERA CALLEJAS PRESIDENT MARIO ALONSO PÉREZ LÓPEZ SECRETARY JOSÉ TOMÁS ZAMBRANO MOLINA SECRETARY To the Executive Power Therefore: Execute Tegucigalpa, M.D.C., June 13, 2016 JUAN ORLANDO HERNÁNDEZ ALVARADO PRESIDENT OF THE REPUBLIC THE SECRETARY OF STATE IN THE OFFICES OF HUMAN RIGHTS, JUSTICE, GOVERNMENT AND DECENTRALIZATION, HÉCTOR LEÓN AYALA