– Assembly Passes 2-5 Years Prison Term For Paternity Fraud In Landmark Vote
In a controversial move that has sparked intense debate across Latin America, Panama’s National Assembly has approved a law that seeks to punish mothers and guardians who deliberately lie about the paternity of a child.
The bill, known as Project Law 510, was approved in its third and final debate with a unanimous vote of 42 in favour, zero against, and zero abstentions. The law, now popularly referred to on social media as “Ley Antigolazo” (Anti-Goal Law), makes paternity fraud a criminal offence in the Central American nation.
The law will impose a sentence of two to five years imprisonment and a fine equivalent to 100 to 500 days’ wages on anyone who through deliberate deceit or concealment induces another person to legally recognize a child as his own, knowing the child is not biologically his.
According to the approved text, the crime occurs when a person uses trickery, false statements, or hiding of information to force another person to assume legal, economic and emotional responsibilities of fatherhood that do not correspond to him.
The bill, sponsored by lawmaker Jairo Salazar, further provides that the punishment will be increased by up to one-half in aggravated cases. This includes situations where the deception is maintained for more than five years, where two or more minors are affected, or where there is proven repeated financial gain from the fraud.
A key component of the new legislation is the introduction of mandatory DNA testing. In all proceedings related to paternity fraud, the court will order a deoxyribonucleic acid (DNA) test to establish the biological truth beyond doubt.
In addition, the law allows the man who was deceived to recover financial compensation. He will be able to claim reimbursement for all expenses incurred in the maintenance and upbringing of the child from the actual biological father, provided it is proven that the biological father was aware of the situation and failed to act.
Lawmakers who supported the bill argued that paternity fraud causes severe psychological trauma, financial loss and damage to family stability, and that it has for too long been treated only as a civil matter.
“This is not a law against women, it is a law for the protection of the family and the best interest of the child. We cannot allow a man to build his entire life on a lie,” Salazar said during the debate.
However, the bill has also drawn criticism from women’s rights groups and legal experts who argue that it could be used to intimidate mothers and that it might stigmatize children born out of complicated circumstances. They also fear that the threat of imprisonment may discourage women from seeking child support.
The Assembly also included a protective clause for minors, stating that a conviction for paternity fraud shall in no way affect the rights of the child to state protection, maintenance or identity. The focus of the punishment, lawmakers stressed, is on the deceitful adult, not the innocent child.
As it stands, the bill is not yet law. The approved text will now be transmitted to the Executive for consideration by President José Raúl Mulino, who has the power to sanction, veto or return the bill with observations.
If signed into law, Panama would become one of the few countries in the world to explicitly criminalize paternity fraud with a prison sentence, joining a growing list of nations debating similar legislation.
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