Costa Rican Child Support Law

The mere fact that it takes two people to make a baby should automatically mean that both persons should be responsible for caring for that child. Of course in an ideal world the parents would be married and remain married, and provide a stable and loving home for their children; however, the real world is far from ideal. In order to combat cases of dead-beat dads, Costa Rican legislators have found a method that they will encourage men to be better fathers.

In Costa Rica, if a man does not pay his child support he is severely prosecuted. This is to the point where the police will demand that the man’s parents if they are unable to find him. Some people believe that this is a step too far; however, legislators believe that these consequences will deter men from defaulting on paying their child support.

The relatively new Costa Rican child support law, which came into place in March 2001, states that a woman can name a man as the father of her baby and request a DNA test. It is a simple administrative process that takes place in the hospital and is paid for by the Government. If the man refuses to have the DNA test he automatically gives up his paternal rights, but is assumed to be the child’s father and is made to pay child support. Without the ‘concrete’ proof of a DNA test he will have to continue supporting the child, however if he does appeal to the courts and is proven to not be the child’s father, the mother can be prosecuted if she is found to be making false claims. The DNA test is legally binding and can only be overturned by appealing the results in court. This is also free.

This law sharply contrasts to the child support laws in America and most of the Western World. Many of those who oppose the law state that it gives poorer women the opportunity to swindle rich men. However the fact that women will be prosecuted for doing this will deter them from making untrue claims.

One of the positive effects of the new law is that children have a sense of belonging. Whether or not a father is being made to pay child support against their will, the mere fact that there is someone contributing to their upbringing has psychological benefits for children. Another benefit of the Costa Rican child support law is that it gives men something to think about. Unfortunately, abandoning a mother and child used to be second nature to many men in Costa Rica but with this new law it means that they know that if there are consequences to their actions.

Whether or not the majority of people agree or disagree with Costa Rica’s child support law, the fact is that there are a lot less illegitimate children in Costa Rica. Women now know that they do not have to bear the financial burden of having a child alone. Hopefully this will lead to a happier population overall.