“Meanwhile, under the Title I, Chapter III, which includes the specialties of the processes of filiation, paternity and maternity, stipulated in Article 764 of the LEC that:” 1. May be required by the courts the legal determination of paternity and filiation appealed to them legally determined, as provided in civil law “and Article 767, under the heading” specialties matters of procedure and evidence “that:” 1. Under no circumstances will admit the application for determination or challenge her affiliation if not presented a prima facie evidence of the facts relied upon .-
2. Judgments of admissible research affiliation of paternity and maternity with all kinds of evidence, including biological .- 3. Although no direct evidence, may declare the filiation resulting from express or tacit recognition of the possession of state, living with the mother at the time of conception, or other facts from which it is inferred filiation, Similarly .- 4. The unjustified refusal to be tested biological parentage allow the court to declare the affiliation claimed, provided that there are other indications of paternity or maternity test and it has not been obtained by other means “.
This means that the interpretation of the procedural law must prevail proclivity principle the possibility of such test biological, which is to agree on the practice of it when other surrounding circumstances so warrant, to lead the contribution to the process of data relevant to the determination of parentage, and, for that matter that is not carried out by unjustified refusal of the party to the biological test, such conduct can be assessed as an indication Obstat valuable to the declaration of paternity..