Wednesday 07 March
2012
|
Costa
Rica News. News on
Costa Rica continually updated.
The
Effects
of
the
Responsible
Fatherhood
Act
in
Costa
Rica
In a
recent
article
that
appeared
on
the
online
edition
of
The
Chronicle
of
Higher
Education,
Professor
David
P.
Barash
of
the
University
of
Washington
points
out
a
correlation
between
our
Ley
8101
de
Paternidad
Responsable
(Responsible
Fatherhood
Law)
and
current
enrollment
figures
in
our
public
grade
schools.
Compared
to
last
year,
enrollment
in
our
schools
decreased
by
almost
13,000
students.
This
fact
is
supported
by
the
surprising
statistics
revealed
by
the
2011
Census,
which
The
Costa
Rica
Star
wrote
about
in a
different
article,
but
it
is
not
in
line
with
the
greater
immigration
of
Nicaraguan
families.
Professor
Barash
correctly
states
that
the
Responsible
Fatherhood
Law
has
a
lot
to
do
with
the
decreased
enrollment.
At
the
time
the
law
went
into
effect
in
2001,
it
was
unique
in
the
sense
that
it
did
not
endure
such
an
excruciating
path
towards
approval
like
the
current
Transit,
Anti-Tobacco
and
Fiscal
Reform
legislative
packages
are
experiencing.
The
law
is
based
upon
the
premise
that
children
born
in
Costa
Rica
have
an
inherent
right
to
know
the
identity
of
their
fathers,
and
likewise
also
have
the
right
to
be
supported
by
them
until
the
age
of
18
-or
until
25
years
of
age
if
the
child
decides
to
further
his
or
her
education.
Aside
from
establishing
identity
and
parental
support,
the
law
touches
upon
other
societal
issues
particular
to
Costa
Rica
as a
constitutionally
Catholic
country
in
Latin
America.
How
Responsible
Fatherhood
Works
The
practical
implementation
of
the
law
begins
upon
childbirth,
and
it
places
the
burden
of
choice
upon
new
mothers
who
are
unmarried
at
the
time
of
delivery.
Once
the
baby
is
born,
a
woman
who
has
a
civil
status
of
single,
divorced,
widow,
or
in a
“common
law”
marriage
or
civil
union
will
be
approached
by a
representative
of
our
Civil
Registry.
If a
woman
is
married
at
the
time,
the
law
summarily
states
that
the
child
takes
the
paternal
name
and
the
father
is
responsible
for
support
without
exception.
In
all
other
cases,
the
mother
is
briefed
on
the
rights
extended
by
the
law
to
her
and
the
baby.
It
is
up
to
the
mother
to
decide
for
her
and
the
baby
on
what
to
do
at
that
time.
If
she
agrees
to
the
protections
of
the
law,
then
she
will
fill
out
and
sign
a
form
that
authorizes
a
search
for
the
father.
The
Civil
Registry
authorities
will
initiate
a
search
and
will
cite
the
father
to
appear
before
them
within
10
days.
If
the
father
does
not
appear
within
that
time
frame,
the
baby
will
take
the
mother’s
paternal
last
name
until
further
notice.
If
the
father
challenges
his
paternity,
he
is
then
cited
to
appear
-along
with
the
baby
and
the
mother-
in a
laboratory
located
across
from
the
San
Juan
de
Dios
Hospital
in
San
Jose
for
DNA
testing.
Testing
is
paid
for
courtesy
of
the
Ticos
who
contribute
to
La
Caja.
These
family
reunions
at
the
DNA
laboratory
can
have
a
number
of
outcomes.
The
mother
is
responsible
for
showing
up,
and
if
she
doesn’t,
the
baby
will
keep
her
family
name
and
may
experience
future
difficulties
in
obtaining
paternal
monetary
support.
If
the
father
does
not
show
up,
he
automatically
assumes
responsibility
of
the
child.
If
the
DNA
test
points
to a
different
father,
the
child
takes
the
mother’s
family
name
and
the
cited
man
does
not
have
to
assume
paternal
responsibility.
In
general,
the
mother
does
not
have
to
fear
civil
retaliation
by
naming
a
man
whom
she
thinks
may
be
the
father,
unless
the
cited
man
can
prove
beyond
reasonable
doubt
that
he
absolutely
had
no
relation
to
the
mother
and
that
she
was
acting
maliciously
at
the
time
she
gave
birth.
In
cases
when
DNA
testing
take
longer
than
expected,
the
mother
will
have
to
cover
all
expenses
of
raising
the
child.
If
such
is
the
case
she
is
advised
to
keep
all
receipts;
for
once
a
father
has
been
genetically
identified,
he
will
be
obligated
to
reimburse
the
mother
immediately.
Immediate
Effects
of
the
Law
Professor
Barash
-who
confesses
to
be
intrigued
about
our
laws,
politics,
institutions,
standards
of
life,
and
biodiversity-
thinks
that
Costa
Rica
has
one
of
the
most
forward-looking
paternity
policies
in
the
world.
He
mentions
the
value
of
the
Responsible
Fatherhood
Law
as
balanced
between
societal
and
personal
responsibility.
He
also
mentions
the
stigma
of
growing
up
fatherless
in a
country
founded
on
the
principles
of a
patriarchal
society,
something
that
the
law
seeks
to
curtail.
Schoolchildren
in
Costa
Rica
can
be
teased
by
mean
peers
when
they
find
out
that
they
share
the
same
family
name
as
their
mothers
(unless
the
paternal
and
maternal
names
are
identical).
Given
enough
time,
the
rates
of
single
motherhood
are
bound
to
decrease
thanks
to
this
law.
Other
effects
mentioned
by
Professor
Barash
include
an
increase
in
sales
of
over-the-counter
contraceptives
and
a
decrease
in
birth
rates.
Biological
confirmation
of
fatherhood
and
the
responsibility
accepted
therein
can
have
a
profound
effect
on
demographics.
In
recent
years,
an
interesting
debate
over
naming
conventions
during
marriage
and
childbirth
in
common
law
countries
has
taken
center
stage
on
the
pages
of
publications
like
the
New
York
Times.
The
matter
is
unfortunately
treated
with
a
certain
yuppie
or
hipster
sensibility,
as
people
are
split
over
how
the
names
of
their
babies
will
look
on
future
school
report
cards.
Law
Number
8101
goes
beyond
that;
it
aims
to
develop
an
equilibrium
between
the
liberal
and
conservative
mindsets
of
Ticos,
particularly
since
it
gives
unmarried
mothers
the
opportunity
to
make
a
conscious
decision
early
on
the
lives
of
their
babies.
