Twelve days after coming into the world, Gabriela Guillén's son continues in a situation that is reminiscent of the paradox of Schrödinger's cat: as long as a DNA test is not performed, Bertín Osborne is not his father. The father obviously exists but his identity is not known. In what really matters, filial rights and duties, conjectures are useless: as long as a judge does not determine it, the singer has no obligation towards the newborn.
On the cover of Hello! Last Wednesday, January 3, Bertín anticipated the possibility that, finally, Gabriela's son would be his with a decision whose literal remains for the history of the national figure: “I am not going to act as a father. If it is confirmed that he is mine, I will help.” For her part, the mother does not want to hear or talk about her ex: overwhelmed by media pressure that also affects her mother – she has come from Uruguay to help her with the baby – she issued a statement whose summary is this: “I reserve the right to do anything.” "I will use all the measures the Law grants me in order to restore the rights to privacy of my family environment and those of my son, which, as a mother, I am obliged to ensure."
This being the situation, we spoke with the lawyer Fernando Osuna, specialized in conflicts of a filial nature and who has handled such high-profile paternity cases as those of Manuel Díaz 'el Cordobés', Etienne Eto'o, Javier Santos – who continues to insist on their relationship. biological with Julio Iglesias–, Paquita España (currently the legal daughter of Paco Gento) and Rosario Bermudo, recognized by justice last October as the heir of Leoncio González de Gregorio, husband of the Duchess of Medina Sidonia.
“If I were Mrs. Guillén's lawyer, I would file that lawsuit before a judge in case I want to establish a parent-child relationship beyond media speculation. But if it were Mr. Osborne's, I would advise him to wait to see if the other party makes a move, in colloquial language: right now, Bertín does not appear in the Civil Registry as a father, so he has no obligation towards that child. Before a judge, television images or witnesses who affirm that there was a relationship between them are of no use: the only decisive thing is the DNA evidence. But be careful: Bertín himself could also file a filiation lawsuit claiming that so much speculation is damaging his image, that is, request proof to end the speculation.
Lawyer Osuna says that this case is very rare. The most common thing is that the defendant defends himself by resorting to scientific evidence to prove that he is not the father. In any case, it is the only touchstone in this type of situation whose judicial process can be as fast as that of Cordobés, about seven months, or take a long time: ten years he was litigating on behalf of Rosario Bermudo, stepdaughter of the 'red duchess', due to the complexity of the claim. If a judicial declaration were made that Gabriela Guillén's son is also the singer's, she could demand alimony from her lordship and register the baby with Bertín's surname. Or not to do it: it is a right, not an obligation. Manuel Díaz, recognized by the justice system as the son of Manuel Benítez, chose not to change his business card.
Finally, Osuna responds to that alleged demand that Gabriela would have posed to Bertín regarding the DNA testing procedure. It has been published that she would have access as long as it was carried out in an institution recognized by the Administration, one of those used by the courts and not a private center, for example, the National Institute of Toxicology, which in Spain carries out 90% of this type of tests. “That has no basis, since it is the judge who decides where the test will be carried out. The plaintiff cannot condition the judge at all, who is sovereign. It is different if the two parties agree to carry it out in a specific center and request it from your honor, but that is a rarity. The first step is to file the lawsuit and the next step is to abide by what the judge determines.”
From here, if the test were positive, the plaintiff could request alimony for her son and register him in the Civil Registry with the father's surname. Fernando Osuna clarifies that the amount of this pension is set by each court based on different variables: “Not because the alleged father has a lot of money can the mother demand a very high pension. It happens in divorce cases, logically, if the minors have enjoyed a certain standard of living, but in these types of situations the judge can set the pension that he believes is sufficient to lead a dignified life."
