Spanish court voids paternity but won't refund child support already paid
A judge in San Sebastián, Spain, voids a man's legal paternity but orders no repayment of child support already paid. The money is treated as money spent. Legal and economic analysis.
English · Original discussion in Spanish · Published
The price of fatherhood: a court severs the legal bond, but the money never comes back
A man in San Sebastián, Spain, discovered that the girl he raised was not biologically his. The ruling by the Court of First Instance of San Sebastián, issued on 9 July, ends the legal bond of paternity. The Civil Registry cancels the entry trinc a conclusive DNA test. Recovering the money spent on the child's upkeep, however, is another matter. Child support already paid is considered money spent. There is no refund.
The relationship between the mother and the legal father lasted from 2021 to January 2024. The child was born in 2023. After the breakup, doubts about paternity grew strong. The biological test confirmed the worst. The judge orders the registry entry to be corrected. The biological error is remedied. But the father's finances are not. Money already spent on the child's upkeep cannot be recovered.
The social debate is intense. Many argue that the system leaves the man with nothing after an alleged deception. There are calls to incivil false paternity. Others maintain that the child's stability comes first. Proposals for mandatory DNA tests are gaining support. The aim is to prevent money from vanishing into a legal void.
The painful fact: three years of child support. The money does not come back. The legal question remains open: should the State compensate the non-biological father, or does the burden fall on him alone? Current law does not address it.
A man in San Sebastián, Spain, discovered that the girl he raised was not biologically his. The ruling by the Court of First Instance of San Sebastián, issued on 9 July, ends the legal bond of paternity. The Civil Registry cancels the entry trinc a conclusive DNA test. Recovering the money spent on the child's upkeep, however, is another matter. Child support already paid is considered money spent. There is no refund.
The relationship between the mother and the legal father lasted from 2021 to January 2024. The child was born in 2023. After the breakup, doubts about paternity grew strong. The biological test confirmed the worst. The judge orders the registry entry to be corrected. The biological error is remedied. But the father's finances are not. Money already spent on the child's upkeep cannot be recovered.
The social debate is intense. Many argue that the system leaves the man with nothing after an alleged deception. There are calls to incivil false paternity. Others maintain that the child's stability comes first. Proposals for mandatory DNA tests are gaining support. The aim is to prevent money from vanishing into a legal void.
The painful fact: three years of child support. The money does not come back. The legal question remains open: should the State compensate the non-biological father, or does the burden fall on him alone? Current law does not address it.
Summary of a discussion on Burbuja.info - Foro de economía, actualidad y política., translated from Spanish and reviewed before publication. Read the full discussion (10 replies).
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