Law on Responsible Motherhood and Fatherhood

OBJECT AND NATURE OF THE LAW. This Law is special in nature and has as its object to establish the mechanisms and procedures to ensure that every girl and every boy is legally recognized by their parents and, when necessary, to determine with legal certainty maternity or paternity, thereby enabling responsible maternity and paternity. The provisions of this Law are of public order and social interest, and public and private institutions and society in general shall conduct their actions in accordance with its provisions and the Principle of the Best Interest of the Child.

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

• 1)

  To establish the necessary mechanism for the immediate registration of newborns;

• 2)

  To establish a mechanism that permits determining with legal certainty the blood relationship links between parents and children; and,

• 3)

  To establish the requirements and special procedure for the investigation of paternity and maternity.

DEFINITIONS. For the purposes of this Law, the following shall be understood as: RESPONSIBLE MATERNITY AND PATERNITY: The fulfillment of all obligations arising from parental authority, within the framework of the range of rights and duties arising from the legal bond of kinship between parents and children, as established by the Family Code, the Code of Childhood and Adolescence and other related laws. INVESTIGATION OF PATERNITY OR MATERNITY: It is the appropriate procedure, with the aid of genetic science, to identify and establish the individuality of the mother, the father, or both, in relation to a determined child. SCIENTIFIC EVIDENCE: It is the DNA test or Genetic Markers test, performed by the procedure established by Forensic Medicine of the Public Prosecutor's Office or by laboratories certified by it, which permits through the comparison of genetic markers, the indubitable determination of maternity or paternity between a person and their biological ascendants or descendants.

RIGHTS RELATED TO RESPONSIBLE MATERNITY AND PATERNITY. Without prejudice to other guarantees and rights, the State of Honduras shall protect the right of every girl and every boy to:

• 1)

  In the case of adoption, to know and to be known by their parents;

• 2)

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

• 3)

  Their recognition and immediate registration at birth;

• 4)

  To receive from their parents, with the shared responsibility of women and men, care and attention to the material, affective and emotional needs of children; and,

• 5)

  That in their case, their unknown or presumed paternity or maternity be investigated. The right referred to in numeral 5) shall be exercised by means of their presumed legal representatives and in their absence, by the Honduran Institute for Children and Family (IHNFA) or its successor, or the Public Prosecutor's Office in representation of the State of Honduras.

INSTITUTIONAL DUTIES CONCERNING THE UNBORN. The Honduran Institute for Children and Family (IHNFA), or its successor, shall coordinate with public and private institutions whose work is related to the subject matter of this Law, the actions directed to ensure the design of public social policies, national, regional and local plans for the application of protective measures for the unborn established in the Constitution of the Republic, the Code of Childhood and Adolescence and other applicable laws and in particular pre and postnatal protection. CHAPTER II RECOGNITION OF PATERNITY AND MATERNITY SECTION I VOLUNTARY RECOGNITION

VOLUNTARY RECOGNITION. Paternity and maternity are recognized automatically from the moment a person is registered in the civil registry or with the respective consular agent. Registration may be carried out by both parents or, in their absence, by one only of them when it is proven that they have sufficient authority to do so. Registration may also be carried out by one of the parents without the need for any representation, when they are united in Marriage or Duly Recognized Common-Law Union, in accordance with the Family Code, Law of the National Registry of Persons and other applicable laws.

RECOGNITION IN SPECIAL CASES. Registrations not made under a Marriage or Duly Recognized Common-Law Union shall be valid when: 1) Carried out solely by the mother immediately upon birth, attributing a presumed father; and, 2) When carried out by persons other than the parents in accordance with the Law, who must provide the names of those parents. In the case of numeral 1), the registration shall have a provisional character, which shall be validated or rejected in accordance with the requirements and procedures established in this Law. In the case of numeral 2), the registration may be annulled by the declaration of mutual consent of both parents, if it was made in error or with fraud, and they must appear before the respective Civil Officer, or by challenge before the competent Court, in other cases.

PROVISIONAL REGISTRATION AND ITS PERFECTION. In the case of the provisional registration referred to in the preceding Article, the mother must declare, in addition to the name of the person she attributes as father, the place or places where the alleged father may be cited and summoned to accept or reject his paternity. The registration shall become final if accepted by the person attributed to be the father, or if one (1) year passes from the citation without the alleged father appearing to exercise his right of opposition.

SPECIAL RULES REGARDING CITATION. When the mother states that she does not know where to locate the alleged father or his legal representative for citation, a note of this circumstance shall be made, and she shall have a period of one (1) year to provide the respective information. Once this period has expired, the attribution of fatherhood shall be of no effect and the Civil Registrar shall, ex officio, carry out the respective cancellation, leaving the child only with the mother's surnames. When the mother provides the necessary information for citation, but the alleged father cannot be located, the action shall be directed to his legal representative or, in his absence, to his nearest relative or relatives. If the representative manifests having knowledge of the matter, he shall accept or reject the citation. If he manifests not having knowledge or having reasonable doubt as to whether or not his represented person or relative is the father, the Judge shall order the practice of scientific evidence. The same shall apply when the alleged father has died without manifesting himself in this regard, and the action may be extended to the corresponding heirs or beneficiaries. The provisions of this Article shall be understood without prejudice to the procedure for investigation of paternity.

REGISTRATION IN CASE THE MOTHER HAS DOUBT ABOUT PATERNITY. If the mother is not certain of the paternity of her child, she shall declare this condition at the time of registration, which shall be recorded provisionally only with the mother's surnames and the rules established in this Law for forced recognition shall be followed, requesting that scientific evidence be practiced on the presumed fathers.

SPECIAL REGISTRY WINDOWS AND MOBILE REGISTRIES. The authorities of the National Registry of Persons (RNP), in coordination with the network of hospital services of the State Secretariat in the Office of Health, shall maintain special registration windows in the main public and private hospitals of the country. Likewise, they shall implement special mechanisms and strategies to ensure the immediate registration of girls and boys born in other centers or mechanisms of the system. Mobile Civil Registries shall coordinate efforts with the authorities of the State Secretariats in the Fields of Health, Education and other relevant public and private institutions, with emphasis on remote places or those without registry or health coverage.

FALSE DECLARATIONS. When the willful falsity of the mother's declaration attributing paternity is proven, a fine shall be imposed upon her, the amount of which shall range from ten (10) to twenty (20) minimum salaries at their highest value. Such penalty shall be imposed by the competent Family Judge, without prejudice to the civil and criminal liability that may correspond under Law. To this end, the Civil Registrar or Consular Agent shall inform the mother of the consequences of the declaration of paternity, the provisional nature of the registration, when applicable, as well as the consequences that her declaration may bring regarding civil and criminal liability. SECTION II FORCED RECOGNITION OF PATERNITY OR MATERNITY

JUDICIAL COMPETENCE. The competent Family Judge shall have jurisdiction over judicial proceedings regarding Responsible Maternity and Paternity, which shall be processed in accordance with the Civil Procedural Code, without prejudice to the provisions established in this Law.

REPRESENTATION OF MINOR ORPHANS AND PERSONS WITH DISABILITIES. The claims to determine or challenge filiation corresponding to minors, orphaned children or those with disabilities and similar cases may be exercised indistinctly by their legal representative or by the Public Prosecutor's Office. The right of action referred to in this Law is imprescriptible.

FORCED RECOGNITION. The forced recognition of paternity or maternity shall proceed when:

• 1)

  There is no information in the Civil Registry about the identity of one or both parents;

• 2)

  In the case of the provisional registration referred to in this Law, it is rejected; or,

• 3)

  It is sought to investigate registrations already carried out.

SCIENTIFIC EVIDENCE AND PROBATIVE VALUE. The full and indubitable legal value of scientific evidence is recognized for determining with certainty the consanguineous link between ascendants and descendants and thereby clarifying the rights and duties that are generated, particularly between parents and children. This evidence shall likewise be admissible in the event of the father's death. The results shall constitute full proof in judicial proceedings.

NEW EVIDENCE. Whoever is not satisfied with the results of scientific evidence shall have the right to request that a new test be conducted, which shall be performed in the laboratories of the Public Ministry. If the results of the first test are confirmed, unless the Judge issues a reasoned ruling otherwise, the person who requested it shall be condemned in costs.

PREFERENCE OF SCIENTIFIC EVIDENCE. Scientific evidence shall have preference over any other means of proof with the exception of confession, when the latter implies the recognition of paternity or maternity in the case.

MANDATORY NATURE OF EVIDENCE. Scientific evidence may only be ordered in a mandatory or forcible manner by judicial order. The Judge may deny its practice when he or she considers that it conflicts with the Best Interest of the Child, the welfare of the family, and the pretensions of the claimant for such evidence. Against this resolution, the remedies established by law are available. In any case, the mandatory obligation is excused for the mother who is pregnant as a result of rape, statutory rape, abduction, or any form of sexual abuse, when a conviction sentence exists and she justifies, in the Judge's discretion, her refusal to undergo the test.

LABORATORIES. Scientific evidence may only be performed in the laboratories of the Public Ministry or in those that are duly certified by it. For this purpose, the Public Ministry shall establish a protocol both for the periodic certification of laboratories and for the practice of tests. To this end, such laboratories are obligated to permit inspections by such public entity.

EXTRACTION OF SAMPLES. The extraction of samples for scientific evidence is declared to be of public interest, and it is prohibited under criminal liability of the violator to use the samples for any other purpose. The chain of custody from the extraction of the samples to the result is the full responsibility of the Public Ministry and of the private laboratories that it certifies. The practice of these tests shall only be admissible on a mandatory basis under judicial requirement.

PROTECTION OF PERSONAL DATA. For purposes of this Law, personal data shall be those relating to scientific evidence, especially its results, contained in any medium, document, file, printed, optical, electronic, or other record. These shall be protected and access to them shall only be admissible by judicial order or, at the request of the persons who underwent the test, their legal representatives or successors, as applicable. Against this situation of personal data protection, only the remedy or guarantee of Habeas Data may be invoked. Violation of this provision shall result in administrative, civil, and criminal liability.

ALIMONY AND EXPENSES. Once the judgment declaring recognition of paternity or maternity becomes final, the Judicial Organ shall condemn the liable party to reimburse the mother, according to principles of equity, the expenses incurred for prenatal and postnatal care respectively and others related according to current legislation, which shall be assessed over a period inclusive of twelve (12) months after birth. For legal purposes, alimony and special expenses in question are enforceable from the moment of conception up to a period of ten (10) years after birth. The refusal to recognize such alimony shall constitute the crime of denial of family support.

CHALLENGE OF REGISTRATIONS. The registration made by virtue of forced recognition may be challenged within a period of one (1) year from the moment in which the presumed father becomes aware of such registration, an action which shall be filed before the competent Family Judge, who shall decide based on the results of scientific evidence. Against the results of scientific evidence, only its new practice may be invoked to confirm or rebut them, which shall be performed in the laboratories of the General Directorate of Forensic Medicine of the Public Ministry.

CHALLENGE OF MATERNITY. Maternity may be challenged by proving false childbirth or substitution of the alleged child. Those with the right to challenge are:

• 1)

  The spouse, with respect to the condition of mother of his or her child duly recognized;

• 2)

  Those who consider themselves the true parents of the child, in order to confer upon him or her or upon his or her descendants, the rights of filiation that correspond to him or her; and,

• 3)

  Any person who considers that his or her rights are affected by the filiation recognized between mother, son or daughter. Scientific evidence shall definitively resolve this dispute. The right to file the action of challenge referred to in this Law is imprescriptible.

SUSPENSIVE EFFECTS OF INCIDENCES AND REMEDIES. The remedies and incidences filed both through administrative and judicial channels against the resolution of recognition or determination of paternity, which have been issued based on scientific evidence, shall not suspend its effects nor its immediate execution.

EFFECTS OF THE JUDGMENT. The judgment of declaration of paternity or maternity shall produce the corresponding legal effects, generating the rights and obligations in accordance with the Family Code, Code of Children and Adolescents, and other applicable laws. However, the exercise of parental authority shall be suspended for whoever is unjustifiably denied paternity, unless the Courts decide otherwise in accordance with the Principle of the Best Interest of the Child. Whoever considers himself or herself affected may file the remedies available to him or her under the law.

DISPUTE OF PATERNITY OR MATERNITY. Whoever considers himself or herself entitled to dispute the paternity or maternity of the child previously recognized by another person may at any time establish the action conducive to that end, based on the practice of scientific evidence, without prejudice to the remedies granted him or her by law and the sanctions that the law imposes upon him or her.

EXPEDIENCE AND GRATUITY OF THE PROCESS. The judicial procedures and methods relating to the process of recognition and investigation of paternity or maternity referred to in this Law shall be carried out with expedience, taking into account the principles of the Best Interest of the Child and of the Family. The period between provisional registration and the practice of the test may not exceed sixty (60) days. Scientific evidence shall be free of charge, except in the cases established by this Law. For the application of the principle of gratuity, a socioeconomic study shall be conducted in which the economic incapacity of the applicant or applicants is proven or rebutted. When the study indicates that the costs of the test shall be covered by the father or mother who requests it, or who incurs in false declarations, or is condemned to forced recognition.

EXCEPTIONS TO THE GRATUITY OF SCIENTIFIC EVIDENCE. The exceptions to the gratuity of Scientific Evidence are:

• 1)

  When the socioeconomic study indicates that the applicant or applicants have the capacity to bear the costs;

• 2)

  When the socioeconomic study indicates that the person or persons against whom the action of recognition or investigation of paternity is directed have the capacity to bear the costs, when forced recognition is declared or in cases in which the investigation of paternity proves that the registration has been fraudulent; and,

• 3)

  When falsity has been proven in the declaration of the mother who seeks that her child be recognized; and,

• 4)

  Other cases expressly indicated in the Law.

REGISTRAL AMNESTY. A Registral Amnesty is hereby declared throughout the national territory to remedy the lack of registration of births of minors under eighteen (18) years of age, which shall last for a period of one (1) year from the entry into force of this Law. To this effect, both or either one of the parents shall go to the offices or brigades of the National Registry of Persons (RNP), accompanied by two (2) witnesses who attest to the condition of parents with respect to their unregistered children. The National Registry of Persons (RNP) shall take the pertinent measures to ensure full compliance with the Registral Amnesty and shall issue the respective instructions regarding applicable requirements and procedures. For this sole purpose, those who avail themselves of the Registral Amnesty are absolved of the amount corresponding to fines for registration.

FUND FOR THE PERFORMANCE OF SCIENTIFIC TESTING. A Fund For The Performance of Scientific Testing is hereby created, with the purpose of guaranteeing the performance thereof, which shall be constituted and administered in accordance with what is provided by this Law. It shall be administered by the Public Ministry, to this effect, it shall conduct the corresponding socioeconomic studies and shall present to the Secretariat of State in the Office of Finance the corresponding budget.

DISBURSEMENTS. The first disbursement of the Fund For The Performance of Scientific Testing shall be allocated to the hiring of personnel and to the acquisition of equipment and materials required to meet the estimated demand for scientific tests. Subsequent disbursements shall be made through transfers authorized quarterly based on the liquidations that the Public Ministry submits to this effect, which shall be consolidated with the expense reports submitted by the Public Ministry.

BUDGETARY ALLOCATIONS FOR THE NATIONAL REGISTRY OF PERSONS (RNP). The Secretariat of State in the Office of Finance shall include in the budget of each fiscal year the necessary resources so that the National Registry of Persons (RNP) strengthens its services to guarantee what is stipulated in this Law. In particular, to have the necessary personnel and logistics to maintain the registral windows and mobile registries referred to in this Law.

EFFECTS OF THIS LAW. This Law shall apply to acts originating from its entry into force, as well as to future effects of acts originated under the empire of previous laws. The creation of legal acts that occurred during the validity of previous laws shall be governed by said laws.

REFORM. To reform Article 118 of Decree No. 76-84 dated May eleventh, 1984, containing the FAMILY CODE, which shall henceforth read as follows: "ARTICLE 118. In proceedings for recognition, investigation, and challenge of paternity or maternity, scientific evidence shall have preference, such as DNA testing, genetic markers and any other method of exclusion or confirmation that may be developed in the future, just as established by the Special Law on the Matter. These tests shall be performed by the Public Ministry or by private laboratories duly certified by it."

ENTRY INTO FORCE. This Decree shall enter into force four (4) months after its publication in the Official Journal La Gaceta. Given in the city of Tegucigalpa, municipality of the Central District, in the Hall of Sessions of the National Congress, on the third day of the month of June in the year two thousand thirteen. MAURICIO OLIVA HERRERA PRESIDENT, BY THE LAW RIGOBERTO CHANG CASTILLO SECRETARY GLADIS AURORA LÓPEZ CALDERÓN SECRETARY To the Executive Branch. Therefore: Execute it. Tegucigalpa, M.D.C., November 5, 2013. PORFIRIO LOBO SOSA PRESIDENT OF THE REPUBLIC THE SECRETARY OF STATE IN THE OFFICE OF HEALTH. JOSÉ SALVADOR PINEDA PINEDA