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February 22, 2019In force

Regulations of the Special Law for Responsible Motherhood and Fatherhood

Poder Ejecutivo

  • Decree: 92-2013
  • Published: February 22, 2019
  • Issuing body: Poder Ejecutivo
  • Category: Constitutional

Summary

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This law guarantees that all children are immediately registered in the civil registry and legally recognized by their parents. It establishes procedures for voluntary or forced recognition of paternity/maternity, scientific DNA testing, and a registry of parents delinquent on child support payments. It benefits children by ensuring legal identity, inheritance rights, and access to public services.

Considerations

Whereas the human person is the supreme purpose of society and the State, and the State of Honduras has the obligation to protect children, in accordance with Article 119 of the Constitution of the Republic.

Whereas Article 7 of the Convention on the Rights of the Child establishes that the child shall be registered immediately after birth and shall have the right from birth to a name, to acquire a nationality, and, as far as possible, to know and be cared for by their parents; a right also enshrined in the Code of Childhood and Adolescence.

Whereas through Legislative Decree No. 92-2013 of June 3, 2013, the Special Law for Responsible Motherhood and Fatherhood was approved, as reformed by Legislative Decree No. 51-2016 of May 10, 2016, which establishes the mechanisms and procedure to expedite the legal recognition of every girl and every boy by their parents, and to determine with legal certainty parenthood when necessary, thereby promoting responsible motherhood and fatherhood.

Whereas in accordance with Article 4 of Legislative Decree No. 51-2016 dated May 10, 2016 and published in the Official Gazette La Gaceta on October 15, 2016, containing the reforms to the Special Law for Responsible Motherhood and Fatherhood, the preparation of the Regulations for the Implementation of said Law is the responsibility of the State Secretariat in the Offices of Human Rights, Justice, Governance and Decentralization (SDH/GD) and the Directorate of Childhood, Adolescence and Family (DINAF), in coordination with the Public Ministry, the National Registry of Persons (RNP), the Family Court of Letters, the State Secretariat in the Office of Health, the State Secretariat in the Office of Education, and the competent legislative commissions related to the subject matter.

Whereas in accordance with Article 118, numeral 2 of the General Law of Public Administration, general acts that are issued in the exercise of regulatory authority shall be issued by Agreement.

Whereas in accordance with Executive Agreement No. 023-2018 dated April 20, 2018, the President of the Republic delegates to the State Secretariat of the Office of the General Government Coordinator, the authority to sign Executive Agreements that, according to the General Law of Public Administration, are within the authority of the President of the Republic, for the purpose of authorizing the formalization of regulations.

Articles

Article 1.-

OBJECT OF THE REGULATION. The purpose of this Regulation is to develop the provisions of the Special Law for Responsible Motherhood and Fatherhood, for purposes of its implementation, in accordance with the Constitution of the Republic, applicable legislation on the matter, and the treaties, agreements, and international principles adopted by the State of Honduras. Its duration is indefinite and it is of public order and social interest.

Article 2.-

OBJECTIVES OF THE REGULATION. The objectives of this Regulation are:

  • 1)

    To develop the legal provisions contained in the MAPA Law;

  • 2)

    To establish mechanisms to articulate the actions of the different institutions whose mandates are linked to compliance with the MAPA Law; and,

  • 3)

    To develop the procedures, registries, and other instruments necessary for the implementation of the MAPA Law.

Article 3.-

NORMATIVE HIERARCHY. Female officials, male officials, and persons subject to the provisions of the MAPA Law must conform to the following normative hierarchy:

  • 1)

    Constitution of the Republic, Treaties and International Agreements of which the State of Honduras is a party;

  • 2)

    MAPA Law;

  • 3)

    Code of Children and Adolescents;

  • 4)

    Family Code;

  • 5)

    Law of the National Registry of Persons;

  • 6)

    Special Law Against Domestic Violence; and, 7) Laws, Regulations, and other applicable legal provisions.

Article 4.-

PRINCIPLES OF APPLICATION. The general principles of application of the MAPA Law are:

  • 1)

    Celerity;

  • 2)

    Due Process and Guarantees;

  • 3)

    Free of charge;

  • 4)

    Best interest of the girl, boy, and adolescent;

  • 5)

    Legality;

  • 6)

    Participation of the girl, boy, and adolescent;

  • 7)

    Immediate registration; and, 8) Scientific rigor.

Article 5.-

RIGHT OF CHILDREN TO IMMEDIATE REGISTRATION. Without prejudice to other rights, girls and boys have the right to be registered immediately in the corresponding civil registry, for which public and reception institutions are obligated to facilitate or create mechanisms that allow their registration. The above is understood independently of the mechanism and the marital status between their parents. Likewise, they have the right to investigate who their biological parents are. This right is transmitted to the descendants of the daughter or son and is not subject to prescription.

Article 6.-

DEFINITIONS. For purposes of application of the MAPA Law and this Regulation, the following terms are understood as: ATTESTATION: An enabling certificate, issued by the General Direction of Forensic Medicine of the Public Prosecutor's Office, that authorizes a Laboratory to carry out the Scientific Test. COMPETENT AUTHORITY FOR SUMMONS: The National Registry of Persons (RNP) is the competent authority to carry out the summons referred to in the MAPA Law and this Regulation. LABORATORY CERTIFICATION: Within the framework of the MAPA Law and its Regulation, it is the procedure by which the General Direction of Forensic Medicine, after verification of the technical and administrative requirements established, authorizes certain laboratories to carry out scientific tests. CERTIFICATE FREE OF FOOD SUPPORT DEBT: It is the statement issued by the Family Letters Court or its equivalent, based on the National Registry of Food Support Debtors, which proves not to have insolvency with its food support obligations. DEFAULTING FOOD SUPPORT DEBTOR: It is every obligor of food support payment whose obligation is recorded in a firm judgment or other resolutions approved or final with payment of three (3) consecutive times or five (5) alternating times, who once required and if unable to demonstrate compliance must be immediately registered by court order and at the request of the party through official communication to the Registry of Defaulting Food Support Debtors. BEST INTEREST OF THE CHILD: It is the General Principle of the Convention on the Rights of the Child, by which all measures concerning girls and boys taken by public or private institutions of social welfare, courts, administrative authorities, or legislative bodies must have a paramount consideration for their comprehensive protection. INVESTIGATION OF PATERNITY OR MATERNITY WITH SCIENTIFIC EVIDENCE: It is the process by which, using the analysis of genetic markers in DNA or others that may be developed in the future, a biological link is determined between ascendants and descendants alive or deceased to establish the maternity or paternity of a girl or boy or a determined family group. CERTIFIED LABORATORIES: They are laboratories certified by the body of auditors designated by the General Direction of Forensic Medicine of the Public Prosecutor's Office, in accordance with the procedure established in this Regulation and the respective protocols. MAPA LAW: Special Law for Responsible Motherhood and Fatherhood. GIRL/BOY: It is every natural person under eighteen years of age. NEW SCIENTIFIC EVIDENCE: It is performed exclusively by the General Direction of Forensic Medicine when the DNA test or genetic markers performed by other state or private laboratories is subject to opposition by any of the parties. GENETIC SCIENTIFIC EVIDENCE: For purposes of application of the MAPA Law, "genetic scientific evidence" is understood as the analysis of genetic markers in DNA or others that may be developed in the future, to determine a biological link between ascendants and descendants alive or deceased and establish the maternity or paternity of a girl or boy or a determined family group. NATIONAL REGISTRY OF FOOD SUPPORT DEBTORS: It is the national registry of debtors with their food support obligations, which is in charge of the Judicial Branch through the Family Letters Courts or, failing that, through the Letters Courts competent in those places where there are no Specialized Courts in Family matters.

Article 7.-

IMPLEMENTING AUTHORITIES. Without prejudice to other competent authorities in accordance with the MAPA Law, the application of the MAPA Law and this Regulation is the responsibility of:

  • 1)

    National Registry of Persons (RNP) and consular agents, in their capacity as auxiliary civil registrars;

  • 2)

    Public Prosecutor's Office;

  • 3)

    Letters Courts with competence in family matters, childhood, and against domestic violence, as applicable;

  • 4)

    Direction of Childhood, Adolescence and Family (DINAF);

  • 5)

    National Women's Institute (INAM);

  • 6)

    State Secretariats in matters of health, education, and others directly and indirectly related to the application of the MAPA Law;

  • 7)

    Universities and educational centers at all levels; and,

  • 8)

    Municipalities, through the Municipal Department of Justice and Offices, in matters of childhood and women, for the formulation of public policies and budgets. All authorities obligated to comply with the MAPA Law must coordinate their actions and collaborate with each other, within the framework of the principles of the MAPA Law and this Regulation.

Article 8.-

SOCIAL POLICIES ON RESPONSIBLE MOTHERHOOD AND FATHERHOOD. Social public policies must consider the problems regarding paternity and motherhood, in order to establish prevention and care mechanisms for that population. The programs and projects derived from such policies must include components of education and attention on issues such as: protection of the unborn, pregnancy in adolescence, and issues related to sexuality, procreation, and prevention of sexually transmitted diseases. All girls and boys are included regardless of their filiation, and they have the right to the protection measures that their condition requires from their family, society, and the State. These policies must also ensure the continuity of studies for adolescent girls both in the period prior to, during, and after childbirth; they must also cover regional and local territorial terms. Likewise, all authorities are obligated to promote what is established in the MAPA Law and facilitate its application. CHAPTER II RECOGNITION OF MOTHERHOOD AND FATHERHOOD SECTION I TYPES OF RECOGNITION AND THEIR PROCEDURE

Article 9.-

TYPES OF RECOGNITION. Recognition may be voluntary or forced, and may also be definitive or provisional, in accordance with the MAPA Law and the development of such provisions contained in this Regulation.

Article 10.-

VOLUNTARY RECOGNITION. Without prejudice to the general rules established in the Law of the National Registry of Persons, for purposes of the MAPA Law, the recognition of paternity or maternity on a voluntary basis may also be carried out solely by the mother, immediately with her manifestation of the presumed father, having to appear at the municipal or auxiliary civil registry office. Likewise, it may be carried out by third parties in accordance with what is stipulated in Article 7, numeral 2) of the MAPA Law. Such registration has a provisional character, becoming perfected with the acceptance by the presumed father or the Judgment declaring forced recognition, as applicable. If the Judicial Resolution is denials, said registration becomes void and without effect. In the event it is impossible to serve summons on the presumed father, the same term mentioned in the first paragraph of Article 9 of the MAPA Law applies, with the Registrar acting ex officio or at the request of the interested party.

Article 11.-

REQUEST FOR RECOGNITION. The request for recognition, under the protection of the MAPA Law, may be made by appearing with the Identity Card and, failing that, with the Birth Certificate certification of the appearing party, in their case the passport or resident card or any other public document that proves it. The National Registry of Persons (RNP) must order the summons referred to in this Article within ten (10) business days from the provisional registration, and must be heard within twenty (20) calendar days plus the distance term. The term for acceptance or rejection of the presumed paternity or maternity begins from the date on which the respective summons is served. The National Registry of Persons is obligated to carry out the summons within the terms already indicated, unless the presumed father accepts or rejects his recognition before the same. Without prejudice to continuing with the mechanisms that the MAPA Law establishes to guarantee the rights of the girl or boy.

Article 12.-

CORRECTION OF VOLUNTARY REGISTRATIONS. The registration made as a result of voluntary recognition made within the framework of the MAPA Law and that of the National Registry of Persons (RNP) may be corrected or rectified at the request of the interested party before the Departmental or Sectional Civil Officer of said Registry. This provision is equally applicable to the special cases referred to in numeral 2 of Article 7 of the MAPA Law, by the joint declaration of both parents before the competent Departmental or Sectional Civil Officer.

Article 13.-

REQUIREMENTS FOR FORCED RECOGNITION. In accordance with Article 15 of the MAPA Law, forced recognition is the responsibility of the Judicial Branch through Letters Courts of Family or, failing that, through the competent Letters Courts in those places where there are no Specialized Courts in Family matters, and it proceeds when there is no information in the Civil Registry about the identity of one or both parents; which is equally applicable in the case where the provisional registration referred to in Article 5, would allow a paragraph of the said Law to be rejected or the investigation of made registrations is sought. For purposes of said Law, forced recognition must conform to what is established in that regard in articles 99 through 112, 118, and 119 of the Family Code; articles 629, 644 through 648 of the Civil Procedural Code. Being competent the Family Letters Courts and where there are none, the Sectional Letters Court of Civil Matters that is competent. Likewise, and in accordance with Article 12 of the Convention on the Rights of the Child, it must be guaranteed to the boy or girl that they are in a position to form their own opinion the right to express their opinion freely regarding forced recognition, giving due consideration to their opinions, according to age and maturity.

Article 14.-

EX OFFICIO ACTION OF THE PUBLIC PROSECUTOR'S OFFICE. In compliance with what is established in Article 15-A of the MAPA LAW, the National Registry of Persons and the Public Prosecutor's Office must proceed ex officio, in accordance with the Constitution, laws, and applicable regulatory provisions. SECTION II SCIENTIFIC EVIDENCE

Article 15.-

SCIENTIFIC EVIDENCE. Scientific evidence determines with certainty the consanguineous link beyond doubt, which must be ordered by the competent Family Letters Court or its equivalent, when there is doubt or controversy. This, as a general rule, is free of charge, except in the cases established by Article 30 of the MAPA Law.

Article 16.-

ORDER OF PRIORITY FOR CONDUCTING GENETIC SCIENTIFIC EVIDENCE. Scientific Evidence is admissible in cases where there is doubt regarding paternity or when forced recognition is proven as referred to in Article 15 of the MAPA Law. In such case, the order of priority shall be determined as follows:

  • 1)

    Both parents;

  • 2)

    One parent only;

  • 3)

    Two or more brothers of the same father and mother or with two brothers of the same father and mother, as applicable; and,

  • 4)

    Other relatives who share the paternal or maternal line. The General Directorate of Forensic Medicine must issue the respective Protocol, in which the requirements and necessary technical aspects must be defined, such as: reference samples and complementary analyses, among others. This is applicable to Genetic Scientific Evidence that is conducted in any authorized laboratory. This is without prejudice to New Scientific Evidence, which must equally conform to the provisions of this Regulation. In such case, if the results of the first evidence are confirmed, except for a reasoned ruling by the Judge, costs shall be imposed against whoever requested the same.

Article 17.-

CERTIFIED LABORATORIES. The investigation of paternity or maternity with Genetic Scientific Evidence may only be conducted in the laboratories of the General Directorate of Forensic Medicine of the Public Ministry or in those public or private laboratories that have been certified by it. The practice and result of Genetic Scientific Evidence must be delivered to the judicial body within no more than ten (10) business days, once the General Directorate of Forensic Medicine receives the corresponding order from the competent Court.

Article 18.-

CERTIFICATION AND SUPERVISION OF LABORATORIES, PROTOCOLS. For purposes of the application of the MAPA Law, certification is the procedure by which the General Directorate of Forensic Medicine, following an inspection of the technical and administrative requirements established for laboratories that conduct paternity and maternity tests as means of proof. To that end, once the requirements are met, the respective enabling title must be issued through a document (certificate), as authorization for a laboratory to conduct Genetic Scientific Evidence. The General Directorate of Forensic Medicine must conduct evaluations within the period of validity of the certificate, in order to corroborate that the conditions originally evaluated are maintained in accordance with the established requirements, order the corresponding corrective measures or revoke said authorization. The technical specification "REQUIREMENTS FOR CERTIFICATION OF LABORATORIES THAT CONDUCT PATERNITY AND MATERNITY TESTS, AS MEANS OF PROOF" may be reviewed and updated in accordance with the evolution of scientific discipline and its requirements or the needs arising from certification processes.

Article 19.-

PROTOCOLS FOR REQUESTING CERTIFICATION OF LABORATORIES. For purposes of the MAPA Law, the certification that Laboratories must comply with to be certified comprises:

  • 1)

    Application;

  • 2)

    Documentary evaluation;

  • 3)

    On-site evaluation; and 4) Review and attestation.

Article 20.-

APPLICATION FOR CERTIFICATION. The laboratory interested in being certified must submit a written request to the General Directorate of Forensic Medicine of the Public Ministry for an "evaluation for certification purposes to conduct paternity and maternity tests as a means of proof". Attached to the application, it must provide general information about its constitution and legal basis (copy of the deed of constitution), organization to which it belongs, when applicable; internal organizational structure and scope of services offered. Upon receipt of this application, within a period of fifteen (15) business days, the applicant must be provided with the evaluation criteria contemplated in the technical specification "REQUIREMENTS FOR CERTIFICATION OF LABORATORIES THAT CONDUCT PATERNITY AND MATERNITY TESTS, AS MEANS OF PROOF", so that it may self-evaluate its degree of conformity with the same, remaining in waiting for a confirmation within a period not exceeding thirty (30) business days from the respective Laboratory applicant that wishes to proceed with documentary evaluation or on-site evaluation. Upon receipt of this confirmation, the inspection must be scheduled within a term of forty-five (45) business days. The inspection for certification must be conducted by a body of no fewer than three (3) auditors appointed by the General Directorate of Forensic Medicine through the Forensic Medicine delegation of the Office of Strategic Planning and Quality Management (OPEGEC) of the Public Ministry or its equivalent, acting as a third-party entity, independent from the Laboratory of Serology and Forensic Genetics. The certification procedure must adhere to the technical and administrative criteria established in the technical specification "REQUIREMENTS FOR CERTIFICATION OF LABORATORIES THAT CONDUCT PATERNITY AND MATERNITY TESTS, AS MEANS OF PROOF", which must establish requirements in the following aspects:

  • 1)

    Responsibility in expert action;

  • 2)

    Guarantee of authenticity of the object of proof;

  • 3)

    Technical competence of the expert;

  • 4)

    Conformity of expert evaluation methods;

  • 5)

    Installed capacity of the service;

  • 6)

    Conformity with the requirements for quality of the expert report; and,

  • 7)

    Outsourcing of analyses. These aspects must be evaluated through a "documentary evaluation" and an "on-site evaluation".

Article 21.-

DOCUMENTARY EVALUATION. Documentary evaluation is the remote audit procedure, by which the extent to which documentary requirements are met is determined, such as: technical procedures for sample collection, procedures for guaranteeing authenticity of objects of proof and informed consent. To that end, the applicant Laboratory, once notified of the inspection by the General Directorate of Forensic Medicine, must submit the documents required in the technical specification "REQUIREMENTS FOR CERTIFICATION OF LABORATORIES THAT CONDUCT PATERNITY AND MATERNITY TESTS, AS MEANS OF PROOF". This submission must be made within a period of ten (7) business days, either in physical format or by electronic means.

Article 22.-

ON-SITE EVALUATION. On-site evaluation is the in-person audit procedure, by which compliance with the technical requirements established in the technical specification "REQUIREMENTS FOR CERTIFICATION OF LABORATORIES THAT CONDUCT PATERNITY AND MATERNITY TESTS, AS MEANS OF PROOF" and their concordance with the documents presented in the documentary evaluation are verified. The on-site evaluation must be conducted by a body of no fewer than three (3) auditors appointed by the General Directorate of Forensic Medicine composed of at least one (1) member of OPEGEC, its equivalent, and one (1) technical expert, which must be previously communicated to the applicant Laboratory to prevent any conflict of interest.

Article 23.-

CONFLICT OF INTEREST TO BE AUDITOR. There is a conflict of interest to be an auditor appointed by the General Directorate of Forensic Medicine when:

  • 1)

    Any of the auditors maintains or has maintained in the two (2) years prior to the application any contractual relationship, provision of services, commercial relations, legal conflicts or technical advisory with the applicant laboratory;

  • 2)

    There is a relationship within the fourth (4th) degree of consanguinity or second (2nd) of affinity with some permanent member of the applicant laboratory;

  • 3)

    Intimate friendship or manifest enmity; or,

  • 4)

    Having initiated a legal proceeding against the applicant Laboratory.

Article 24.-

REVIEW OF EVALUATIONS. The findings of both evaluations related in the preceding articles must be assessed by the audit body, which must determine to what extent the non-conformities are critical. Non-conformities must be communicated to the Laboratory within a period of ten (10) business days, through an audit report. When the non-conformities found are "non-critical" a deadline for remedy must be agreed upon, which must not exceed thirty (30) business days. Once there is acceptable compliance with the established requirements and the respective remedies if any, the General Directorate of Forensic Medicine must issue an attestation, declaring that the applicant Laboratory complies with the insufficient technical requirements to conduct paternity and maternity tests as an object of proof, and must issue the corresponding certification.

Article 25.-

SCOPE OF ATTESTATION. The certification procedure established in this regulation does not constitute recognition of the technical competence of the Laboratory, nor of its quality system. The results are not equivalent to an accreditation of the assay in accordance with other schemes such as the ISO/IEC 17025 standard, nor for commercial, advertising or other purposes distinct from the use of the results as evidence in courts with jurisdiction in Honduras.

Article 26.-

VALIDITY OF ATTESTATION OR CERTIFICATE. The attestation or certificate shall have a validity period of two (2) years, without prejudice to evaluations that may be conducted to corroborate that the conditions originally evaluated are maintained in accordance with the established requirements.

Article 27.-

EXTRACTION OF SAMPLES. The extraction of samples to conduct Genetic Scientific Tests in cases where there is doubt about paternity and of urgency considered of public interest must comply with the guarantees of authenticity of the object of proof and of responsibility in expert action; established in the technical specification "REQUIREMENTS FOR CERTIFICATION OF LABORATORIES THAT CONDUCT PATERNITY AND MATERNITY TESTS, AS MEANS OF PROOF", being prohibited its use for other purposes, under the administrative, civil and criminal responsibility of the corresponding offender. The guarantee of authenticity or chain of custody of the process from extraction to issuance of the report, is the full responsibility of the General Directorate of Forensic Medicine and of the corresponding Laboratory.

Article 28.-

SCIENTIFIC EVIDENCE, GRATUITY AND EXCEPTIONS. For the application of the principle of gratuity the competent judicial body must conduct a socioeconomic study through its social work departments, in which the economic incapacity of the appealing party or parties is demonstrated or argued, with the object that the Judgment that declares or denies forced recognition to the judicial body must order that it assume payment of the scientific evidence, a cost that must be covered by the special opinion created in accordance with Article 32 of the MAPA Law, assigned to the Public Ministry; said principle shall not be applied in cases provided for in Article 30 of the MAPA Law. In the event that the scientific evidence is conducted free of charge and it is proven in the proceeding that the father or mother requesting it has economic capacity, or incurs in false statements or is condemned to forced recognition, the judicial body must order that it assume payment of the scientific evidence, and must inform the General Prosecutor's Office for the corresponding purposes.

Article 29.-

CHALLENGE OF SCIENTIFIC EVIDENCE. Against the results of Genetic Scientific Evidence, only New Evidence may be invoked in order to confirm or rebut the same, which shall be conducted in the laboratories of the General Directorate of Forensic Medicine; these must demonstrate that they comply with the requirements established in the technical specification "REQUIREMENTS FOR CERTIFICATION OF LABORATORIES THAT CONDUCT PATERNITY AND MATERNITY TESTS, AS MEANS OF PROOF". CHAPTER III REGISTRY OF FOOD DEBT DEBTORS

Article 30.-

NATIONAL REGISTRY OF DELINQUENT FOOD SUPPORT DEBTORS. In compliance with Article 30-E of the MAPA Law, the Judicial Branch must establish at the central level a National Registry of Delinquent Food Support Debtors, with technical independence, updated with the information that the Family Letter Courts or those acting in their stead in the respective jurisdictional territory must provide. This mechanism is aimed at constituting a registry of persons insolvent with their food support obligations, under a modern device for updating and consultation, which must be integrated into the institutional web portal of the Judicial Branch. To that end, the related Registry and the institutions obligated to require the Food Support Debt-Free Certificate must establish the necessary technical links and interconnections so that the latter have online access to it. In the same way and extraordinarily, institutions must establish an alternate mechanism for when this is not possible. The respective Courts must grant free of charge the Food Support Debt-Free Certificate referred to in Article 30-G of the MAPA Law, without further formalities.

Article 30.-

REGISTRATION PERIOD AND NOTIFICATION. All Family Courts of Letters and Sectional Courts of Letters performing their functions must communicate to the Registry of Food Support Debtors the ordered list of food support defaulters in accordance with Articles 30-E and 30-F of the Mapa Law, with the necessary registrations, within the first five (5) business days of each month. Said Registry must extend through modern mechanisms the Certificate of Freedom from Food Support Debt referred to in 30-G of the same Law, the cost of which must be paid without further proceedings through Official Payment Receipt.

Article 31.-

INSTITUTIONS OBLIGATED TO REQUIRE THE CERTIFICATE OF FREEDOM FROM FOOD SUPPORT DEBT. The institutions that in accordance with Article 30-G of the Mapa Law are obligated to require as a requirement the Certificate of Freedom from Food Support Debt, must incorporate the necessary adjustments in their respective processes, under penalty of nullity, without prejudice to the corresponding administrative, civil, and criminal liability. No proceeding related to this Article may be admitted without said certificate of solvency.

Article 32.-

INELIGIBILITIES DUE TO FOOD SUPPORT DEBT. In compliance with Article 30-G of the Mapa Law, the institutions obligated to require the Certificate of Freedom from Food Support Debt to carry out such proceedings must establish the appropriate mechanism to ensure that their systems for the issuance of their enabling titles or products comply with what is established in this Regulation. CHAPTER IV FUND FOR SCIENTIFIC EVIDENCE AND BUDGETARY ALLOCATIONS

Article 33.-

FUND FOR THE PERFORMANCE OF SCIENTIFIC EVIDENCE. In compliance with Article 32 of the Mapa Law, the Public Prosecutor's Office must maintain and administer the Fund for the performance of Scientific Evidence with the purpose of guaranteeing its performance under the Principle of Gratuity, for which it must issue the respective Special Fund Regulation. For the application of the Principle of Gratuity, a socioeconomic study must be conducted in which the economic incapacity of the appellant(s) is proven or disproven, which study must be gathered together with the corresponding office to the Public Prosecutor's Office, so that through the General Directorate of Forensic Medicine the Scientific Evidence is performed, the cost of which must be covered under the special ruling created in accordance with Article 32 of the MAPA Law, assigned to the Public Prosecutor's Office; said principle shall not be applied in cases provided for by Article 30 of the MAPA Law. The Secretariat of State in the Office of Finance must incorporate in the Budget Project of the Public Prosecutor's Office the necessary resources for the creation, implementation, and functioning of the related Fund including its various components, in accordance with Article 33 of the Mapa Law. CHAPTER VI FINAL AND TRANSITIONAL PROVISIONS

Article 34.-

INSTITUTIONAL ACTIONS AND OTHER BUDGETARY ALLOCATIONS. The Secretariat of State in the Office of Finance and the institutions whose mandate obligates them to fulfill concrete responsibilities for the direct or indirect compliance of the Mapa Law and this Regulation must review their structure, plans, and budgets in order to make the necessary adjustments with the objective of ensuring the implementation of said normative framework. When this implies the modification of normative frameworks or technical instruments, it must be done in accordance with the established procedures. In the case of budget, they must take internal budgetary provisions and, if appropriate, submit the proposal for modification in accordance with the established procedure.

Article 35.-

ISSUANCE OF TECHNICAL STANDARDS FOR LABORATORY CERTIFICATION. The General Directorate of Forensic Medicine has a period not to exceed ninety (90) business days after approval of this Regulation to make available the technical specification "REQUIREMENTS FOR THE CERTIFICATION OF LABORATORIES THAT PERFORM PATERNITY AND MATERNITY TESTS, AS MEANS OF EVIDENCE," to which this Regulation refers.

Article 36.-

DISCIPLINARY FRAMEWORK. Public institutions that guarantee the rights contained in the Mapa Law must apply in accordance with their mandate and own disciplinary powers the pertinent sanctions to those public servants who incur responsibility for non-compliance with the Mapa Law and this Regulation, without prejudice to the respective administrative, civil, or criminal liability in which they may incur. SECOND: This Executive Agreement is of immediate implementation and must be published in the Official Journal "La Gaceta". LET IT BE KNOWN AND PUBLISHED. Given in the city of Tegucigalpa on the twenty-second (22) day of the month of February of two thousand nineteen (2019). KARLA EUGENIA CUEVA AGUILAR SECRETARY OF HUMAN RIGHTS MARTHA VICENTA DOBLADO ANDARA UNDERSECRETARY OF STATE GENERAL COORDINATOR OF GOVERNMENT By Delegation of the President of the Republic Delegation Agreement 023-2018, published in the Official Journal "La Gaceta" dated April 20, 2018

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Notes

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