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 – PDF) 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.