Who knowing the absence of the biological link through genetic tests has allowed time to pass without making use of legal mechanisms ratifies his legal, filial and social paternity.

The Court held that the act of recognizing a child can not be subject to the will or at the discretion of the father. Given the scientific evidence, said the Court, time is an essential element for the purpose of creating filial feelings. He also indicated that abandoning the exercise of legal actions of anyone who is aware of the result of the DNA test can not have the virtue of destroying validly established filiations