The summons has a period of no more than ten days from having been validly notified to oppose the declaration of extramarital paternity.

The Congress of the Republic made official Law 30628, which modifies the process of judicial affiliation of extramarital paternity, to allow the recognition of children and a pension, as well as guaranteeing free DNA testing.

The publication of this legal device in the Legal Standards bulletin of the Official Gazette El Peruano, establishes the modification of articles 1, 2 and 4 of Law 28457.

It indicates that anyone who has a legitimate interest in obtaining a declaration of paternity can ask the legal magistrate's court to issue a resolution declaring the claimed filiation. It adds that in this same process the establishment of alimony may be accumulated as an accessory claim, in accordance with the provisions of the last paragraph of article 85 of the Civil Procedure Code.

The summons has a period of no more than ten days after having been validly notified to oppose the declaration of extramarital paternity and absolve the transfer of the claim for maintenance, subject to the provisions of article 565 of the Code of Civil Procedure.

“If the person summoned does not file an opposition within a period of ten days of having been validly notified, the court declares extramarital paternity and will issue a ruling, also ruling on the claim for maintenance,” he adds.

DNA

The rule states that the opposition does not generate a judicial declaration of paternity as long as the summons is obliged to undergo a biological DNA test.

To do this, the court will set a date for the single hearing, which must take place within the following ten days; In this session, samples will be taken for the biological DNA test, which is carried out with samples from the father, mother and son. “If the father has no known address, is untraceable or has died, the test may be carried out on the father, mother or other children of the defendant, if applicable,” he explains.

The aforementioned law also establishes that the plaintiff is exempt from paying court fees in the process of extramarital affiliation.