Bibliographic citations
Encinas, G., Galvan, N. (2024). Inscripción del menor y actos discriminatorios a los derechos del padre: Caso Ricardo Morán [Trabajo de Suficiencia Profesional, Universidad Peruana de Ciencias Aplicadas (UPC)]. http://hdl.handle.net/10757/675076
Encinas, G., Galvan, N. Inscripción del menor y actos discriminatorios a los derechos del padre: Caso Ricardo Morán [Trabajo de Suficiencia Profesional]. PE: Universidad Peruana de Ciencias Aplicadas (UPC); 2024. http://hdl.handle.net/10757/675076
@misc{renati/419926,
title = "Inscripción del menor y actos discriminatorios a los derechos del padre: Caso Ricardo Morán",
author = "Galvan Angeles, Nathaly Alexandra",
publisher = "Universidad Peruana de Ciencias Aplicadas (UPC)",
year = "2024"
}
In this work, the ruling of the Constitutional Court (Ricardo Morán case) is analyzed with the purpose of verifying an adequate application of the principle of proportionality in the registration of a minor by the father, imposing on the latter to reveal the name of the mother, which could lead to discriminatory treatment unlike the mother who can do so without revealing the name of the father, extremes that were analyzed in the aforementioned ruling, including singular votes. In this context, the first instance denied the claim considering that surrogacy has no legal regulation; while the second instance revoked the ruling and declared the lawsuit inadmissible since there was a foreign ruling that grants parental authority to the father without exequatur, and that it would not be the ideal route. Then, the majority of the Constitutional Court upheld the claim by applying the principle of proportionality as the necessity test was not passed, but the single vote considered that the claim was inadmissible as there was no need for urgent protection. Thus, the research topic consists of whether the father must give the mother's name in the registration of the minor, so it was necessary to verify what is established in the doctrine, the legislation of different national and international legal ranges. In short, considering the above, the solution is sought that the jurisdictional magistrates, in case they issue judicial decisions on fundamental rights, consider the principle of proportionality and by virtue of this allow the registration of the minor without revealing the identity of the mother.
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