In a recent significant legal development in Peru, the Constitutional Court ruled in favor of fathers’ rights to register their children when the mother’s identity is unknown to them. The decision is being hailed as a victory for gender equality in the South American nation. A detailed account of this landmark ruling was reported by law students from the Facultad de Derecho y Ciencias Políticas, Universidad Nacional de San Antonio Abad del Cusco.
The case in question involves Ricardo Moran, who on September 27th, 2021, filed a lawsuit against the National Identity and Civil Status Registry (RENIEC), requesting the registration of his minor children, who were conceived via surrogacy in Texas, United States. Initially, RENIAC denied Moran’s request since the Peruvian civil code authorized unilateral registration (naming the child with only one parent’s surname) when the identity of the father was unknown, not the case for the identity of the mother.
In the appeal to the Constitutional Court of Peru, the judges highlighted the child’s best interest and their right to identity and nationality, both principles protected by international treaties and the national constitution. Overturning the Civil Registry’s decision, the court ruled that even if the children were born in another country, they could receive state guardianship if their parents have Peruvian nationality.
The court also declared the last paragraph of article 21 of the Peruvian civil code unconstitutional, because it created a differential legal treatment between fathers and mothers wanting to register a child without revealing the identity of the other parent. The court therefore prioritized the child’s rights to a name and nationality, which should not be contingent on the recognition of both parents when registering the child.
The traditional codes and past norms have often viewed social problems through a gender-biased lens. This ruling, however, marks a critical step towards equalizing civil rights between men and women in Peruvian civil legislation, as it challenges regulations that are no longer reflective of the pluralistic Peruvian society. It highlights the crucial role that constitutional control plays in preventing violations of human rights in the country.
Full details of this case and its implications can be found on the JURIST website.