Know the requirements for a declaration of parentage or paternity

Family Lawyer Fiorella James, He explained that if a father does not sign his son, despite the fact that his mother asked for it, then he must be sued for kinship, and now, thanks to Law 30628, he can even demand alimony.

in sequence family and justice James it is stated that the mother of an unrecognized minor must attach to the application a birth certificate of her son, a registration certificate issued by RENECK who will be sued and a copy of the child’s ID.

Advocate James He added that it is not necessary to pay any court fee, since the demand can be made even without the signature of a lawyer.

He stated that after the notice, the father has 10 days to object, which means that he can hire a laboratory at the judiciary, it cannot be any laboratory, and pay for DNA. A hearing date will then be set for evidence DNA father, mother and child, and with the results obtained, it will be sent to the judge, and the parties will be notified in a sealed envelope.

“If the results are positive, the judge will make a decision. RENECK so that in the birth certificate he was listed as a recognized son, ”he specified in the sequence Family and Justice.

He also said that if a father, of his own free will, wants to recognize his son, he can apply to the registry office of the region RENECK where the date will be established, as well as the economic cost of the procedure.

He said that there are also children of legal age who have not been recognized, in which case they should initiate a lawsuit.

He recalled that in a kinship claim, the mother must also request alimony, attaching a table of expenses and pay slips to them, and remember to request a preventive measure in the form of an advance, since the process can take time and a sentence will not be expected, so just provisional alimony may be assigned to you.

Doctor James He also referred to the case of the unrecognized son, whose father has already died, but there is an inheritance. He testified that in this case, if he is a minor, management should be by the mother, but if he is of legal age, he must himself initiate the recognition request so that the judge can be notified if there are other recognized children so that the test can be carried out. DNA.

“If there are no brothers, uncles, grandparents or direct relatives, the last option is to proceed with the exhumation of the body of the deceased father to take the appropriate sample,” he said.

Finally, he argued that it is the right of every child to have a personality from the moment he enters the world, but unfortunately there are many irresponsible parents who do not understand this.

It should be added that, according to official figures, in 2022 there were 3456 cases of extramarital affairs throughout Peru, and the regions with the highest demand in this area were Lima, Arequipa, Piura and Lambayeque.