decided to declare the petition admissible. Therefore, the IACHR decides to notify its decision to
the parties and to continue its examination of the merits of the case in relation to the alleged
violations of Articles 17 (the Rights of the Family), 19 (the Rights of the Child), and 24 (the Right
to Equal Protection), as well as 8 (the Right to a Fair Trial), and 25 (the Right to Judicial
Protection), in relation to Article 1.1 (Obligation of the State to Respect Rights) of the American
Convention. The Commission also decided to notify the parties of this decision, to publish it, and
to include it in its Annual Report to the General Assembly of the Organization of American States.
II.
PROCESSING BY THE COMMISSION
6. The petition was lodged by the petitioners with the Executive Secretariat of the Commission on
October 14, 2004. The Commission began to process the petition on January 21, 2005, when it
transmitted to the State the relevant parts of the petition and requested it to respond within a
period of two months.
7. On February 28, 2005, additional information was received from the petitioners and on March
22, 2005, they lodged a request for precautionary measures in favor of Milagros Fornerón alleging
that the couple who had guardianship of Milagros had begun proceedings for full adoption that
could bring about a definitive change in the legal status of the minor because if the adoption was
granted all links with her biological family would be broken. In accordance with the decision by the
Commission, on March 31, 2005, information was requested from the State in order to evaluate
the situation. The State responded in due course by means of a communication received on April
11, 2005.
8. On May 31, 2005, additional information was received from the petitioners, which was
transmitted to the State on June 13, 2005, and the State was asked to present its observations
within one month. The State responded by means of a communication received on July 27, 2005
and this was transmitted to the petitioners on November 21, 2005.
9. The petitioners filed additional communications on December 28, 2005 and April 12, 2006,
which were both transmitted to the State on August 21, 2006.
III.
A.
POSITIONS OF THE PARTIES
Petitioners
10. The petitioners state that on July 3, 2000, Leonardo Aníbal Javier Fornerón learned that Diana
Elizabeth Enríquez, with whom he had had a personal relationship lasting approximately 12
months, had on June 16, 2000, given birth to a girl, Milagros who would also be his daughter; and
for this reason on July 4, 2000, he appeared before the Victoria Ombudsman for Children and the
Poor where he registered his intention to recognize the child. The petitioners explain that Mr.
Fornerón lives in the city of Rosario de Tala which is approximately 100 kilometers from the city of
Victoria. On July 18, 2000, Leonardo Aníbal Javier Fornerón formally recognized Milagros before
the Registrar for Marital Status and Personal Legal Capacity in the city of Victoria, province of
Entre Ríos.
11. The petitioners state that on June 17, 2000, one day after she was born, Milagros was placed
by her mother with a couple, with a view to her adoption. They state that when he heard this,
Leonardo Aníbal Javier Fornerón denounced the possible committing of the crime of suppression of
civil status, and on July 11, 2000 brought the case called “Investigating Officer requests prior
measures. Possible crime of suppression of legal status.” The petitioners state that certain pieces
of evidence suggested to the investigating officer that “it was possible to allege that a baby buying
or selling scenario existed on the basis of the following details: a single girl, pregnant, had
received a financial offer to hand over her daughter at birth; a couple was found who were on the
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