ASSUMPTION OF LABOR

The supposition of childbirth is a crime regulated in art. 220.1 of the Penal Code, whose conduct consists of simulating having given birth to a child, behavior that carries a prison sentence of 6 months to 2 years. This crime is committed, for example, by a woman who pretends to have given birth to a child that she has actually bought on the illicit market.

On the other hand, the Penal Code punishes with the same penalty the concealment or delivery to third parties of a minor to alter or modify his or her filiation (art. 220.2 of the Penal Code). As a result of the reform of 2021, not only the parents of the minor, but also other subjects can be perpetrators of this crime.

Likewise, Article 220.3 of the Penal Code punishes the substitution of one child for another, with a prison sentence of 1 to 5 years. 5. If the substitution takes place in health or social-health centers due to serious negligence on the part of those responsible for its identification and custody, the latter shall be punished with imprisonment from 6 months to 1 year.