Adolescent paternity as a socio-legal phenomenon in Latin America

Abstract

This article analyzes the socio-legal response of Latin American legal systems to the phenomenon of adolescent fatherhood. The paradox that arises when a minor, legally subject to the parental authority of his parents, must exercise parental responsibility over his own child is addressed. The study argues that the solution has been based on a doctrinal transformation, moving from the "Doctrine of Irregular Situation", which considered the minor an object of guardianship, to the "Doctrine of Comprehensive Protection", which recognizes him or her as a subject full of rights. This evolution is based on the principles of the Best Interests of the Child and the Progressive Autonomy of Capacity. On the basis of this framework, a special capacity regime has been constructed that recognizes the ability of the adolescent to exercise parental authority. This model, called "parental authority", implies that the adolescent parent is the holder of the duties, but has the support and supervision of his or her own parents, the child's grandparents, for acts of special importance. To resolve the frequent economic incapacity, the law establishes the subsidiary maintenance obligation of grandparents, based on family solidarity and activated in the event of the impossibility of the principal obligor. Despite this legal framework, challenges such as school dropout and the perpetuation of poverty persist. Therefore, it is recommended to harmonize legislation to explicitly regulate this figure and strengthen public policies of comprehensive support