or collaboration with the mother before the [birth] and had not filed any type of legal action to safeguard his relationship with the child.” He added that the child “would not have a biological family, understanding this to mean a father and a mother; hence, she would not have […] the presence of a mother,” reiterating in his arguments that the biological father “does not know the child and is not married,” so that the child would not have a mother, which “would add an element prejudicial to her mental health.” For his part, one of the judges of the Superior Court of Justice of Entre Ríos stated that “up until the acknowledgement [of his daughter], the father had manifested an indifference comparable to abandonment.” Another judge of that court stated that “initially the mother fulfilled her role, which is not a small one, conserving the pregnancy and she certainly took care of the child in her womb, and did so until the birth. The father was aware of this pregnancy; to the extent that, following the surrender of the child to her guardians, he acknowledged her in the Victoria civil registry office. Thus, I mean that the father, indirectly, was involved in the surrender of the child, because, previously, his attitude had been passive, which undoubtedly contributed to the decision taken by the mother who repeatedly stated that she was unable to assume the obligations and responsibilities of another maternity.” 92. The Court notes that these considerations refer, first, to conduct of both the mother and the father prior to the birth of the child; that is to the characteristics of the relationship between Mr. Fornerón and Ms. Enríquez, to the circumstances in which the pregnancy occurred, and to the supposed absence of collaboration and alleged indifference and passivity of the father which, in the court’s opinion, led the mother to surrender the child; and, second, to circumstances following the birth, relating to the unmarried biological father’s claim to his daughter surrendered by the mother to another family. 93. Regarding the circumstances prior to the birth, the judge did not indicate what implications the supposed absence of love between the child’s parents in the past or the absence of “a formal relationship of more than 12 months” between them, would have on the relationship of a father and daughter, and did not justify how these elements would prejudice the well-being and development of M, or why this prevented a father from exercising his parental role. In addition, he did not analyze the reasons why the biological mother opposed the surrender of the child to her father, or why the latter could not take care of or collaborate with the pregnant mother, especially when the initial surrender of the newborn to the married couple B-Z occurred irregularly and has even resulted in the filing of criminal actions based on the possible surrender of the child in exchange for money. In addition, the said judges referred to Mr. Fornerón’s supposed indifference or passivity towards the pregnant woman, one of them praising the conduct of a mother who, ignoring the claims of the biological father, decided to surrender her newborn daughter to another family, presumably in exchange for money. In addition, he suggested that the mother’s decision arose from the conduct of the biological father when, as has been indicated Mr. Fornerón advised the mother that he would take care of the child (supra para. 22). The Court considers that, in the instant case, the unilateral decision of a woman that she is not in conditions to assume her role of mother, cannot constitute grounds for the judicial authority in question to deny paternity. 94. To the contrary, the Court observes that these assertions correspond to preconceived ideas about the roles of a man and a woman with regard to certain reproductive processes or functions in relation to a future maternity and paternity. These notions are based on stereotypes indicating the need for eventual ties of affection or a supposed mutual desire to form a family, the presumed importance of the “formality” of the relationship, and the role of the father during pregnancy, who should provide care and attention to the pregnant woman, because if these assumptions do not exist, a lack of capacity or aptness of the 28