Panama: Committee Approves Bill on Paternity Fraud

The deputies of the Government, Justice, and Constitutional Affairs Committee of the National Assembly agreed, after a broad discussion on the implications of the proposal, to send it to the plenary session for a second debate. They hope to count on the opinion of the Judicial Branch, specifically a family court, to avoid infringing on the rights of minors involved in this situation. The proponent of the initiative, Jairo Salazar, clarified that his goal is not to blame women or promote family disintegration; therefore, a penalty that can be commuted for day-fines was established, and the document sets the obligation of a DNA test as a prevention mechanism that will be requested by judges upon learning of the fact. With 8 votes in favor, the bill that classifies paternity fraud as a criminal offense with a sentence of up to 5 years in prison or its equivalent in day-fines was approved in first debate. He assured that this reimbursement will be unique and exclusively when it is proven that the minor has no biological link with the father to prevent them from using the regulation to their advantage. Deputy Janine Prado, for her part, mentioned that in the second debate it will be important to delve into the guarantees of the children who may be involved in this scenario, taking into account that in the country a large percentage of families are single-parent. The commissioners decided to delete Article No. 9 of bill 510, which established the aggravating circumstances for which the penalty could increase from a third to half depending on the number of affected. He explained that the cost of the genetic test will be borne by whoever requests it; however, depending on the results, it can be reimbursed by the counterparty; that is, mothers will have to return to fathers the amount spent.