Notebook : Major.

Writing No. : 01
Sumilla : Demand for AFFILIATION, FOOD and
PREGNANCY EXPENSES.

LORD JUDGE OF THE COURT OF THE PEACE LAWYER OF xxxxxxxxxxxxx

xxxxxxxxxx , identified with DNI No.

I.- REQUEST :

I come before your Office, demanding in ORIGINARY OBJECTIVE ACCUMULATION

the following claims:

1.1. Main Pretention :

Under Article 402, paragraph 6 of the Civil Code of 1984 and Law No. 28457
modified by Law No. 29821, Law that regulates the process of judicial filiation
of extramarital paternity, in Article 1, first paragraph, I turn to your Respectable
Office in order to file a Demand for Judicial Affiliation of Extramarital Paternity,
and I direct it against xxxxxxxxxxxxxxxx, who must be notified at his real domicile,
xxxxxxxxxxxxxxxxxxxxxxxxxxx in order to declare the paternity of the defendant
with respect to my minor daughter by means of a Judgment.
xxxxxxxxxxxxxxxxxx, Diaz Rojas, 07 months old and as a consequence, his
office orders that the defendant comply with the following:

 RECOGNIZE THE PATERNITY OF YOUR MINOR DAUGHTER.

 GIVE HIM YOUR PATERNAL SURNAME.
 PLEASE ISSUE AND SIGN A NEW BIRTH CERTIFICATE AT THE RENIEC
- xxxxxxxxxxxxxxx

All this, with express condemnation of the costs of this process.

1.2.- Accessory Claims :

1.2.1.-Food

Under Article 93 of Law No. 27337 Children and Adolescents Code and
Article 1 of Law No. 28457, modified by Law No. 29821 , Law that regulates
the process of judicial filiation of extramarital paternity , which allows me to
 accumulate this claim, I go to your respectable Office to request the
establishment of an Alimony Pension of no less than S/. 700.00 Monthly Soles,
in favor of my youngest daughter, xxxxxxxxxxxxxxxxxxxxxxxxxxx, 07
months old .

1.2.1.-Pregnancy and pre- and post-partum expenses

As provided in articles 472 and 414 of the Civil Code and article 92 of the
Children and Adolescents Code; “The mother has the right to food during
the sixty days before and sixty days after childbirth, as well as the
payment of the expenses caused by it and by the pregnancy. You also
have the right to be compensated for moral damage in the case of abuse
of authority or promise of marriage..." , consequently, I request:

 the payment of 2,500 soles (TWO THOUSAND FIVE HUNDRED AND

00/100 SOLS); for pregnancy expenses from conception to delivery.
 And the payment of 800 soles (EIGHT HUNDRED AND 00/100
SOLES), which I have the right as a surrogate mother to receive food,
during the sixty days before and the sixty days after childbirth, in
accordance with the provisions of Art. 414º of the Civil Code.

II.- FOUNDATIONS OF DULY DETAILED FACTS :

2.1.- REGARDING THE FIRST CLAIM

FILIATION:
FIRST.- Mr. Judge, in 2016, we began a relationship of lovers with the defendant, as
a result of that relationship I became pregnant; On October 15, 2017, after
undergoing the respective exams due to my pregnancy status, I proceeded to inform
the defendant that I was pregnant, at that time he told me that he would support me;
and that I would talk to my parents, but all that was a lie, since the defendant never
fulfilled his duty as a father, he was totally disinterested in my state of pregnancy,
manifesting with his attitude that he is not interested in the development of our baby,
leaving us in a serious state of helplessness.

SECOND .- he did not even have the delicacy and consideration to call to ask about
my state of health and even more so he never cared about the stage of pregnancy in
which I was, because at no time did he provide me with the proper assistance,
abandoning me to my fate without work and pregnant., this fact, Lord Judge, is
typified in the Penal Code, in Article 150°.- Abandonment of a pregnant woman :
“He who abandons a pregnant woman, who has become pregnant and who "If
he is in a critical situation, he will be punished with imprisonment of not less
than six months nor more than four years and a sixty-day fine." If I did not report
it at the time, it was due to lack of knowledge and the very critical economic situation
I was in at that time.

THIRD.- This is how I stayed in my parents' house, abandoned by my baby's father,

without work, with deep affliction and sadness. In these difficult moments of my life,
my parents are the ones who gave me all the support . necessary assistance, I
received help from them throughout the prenatal and postnatal stage, then when my
daughter was born xxxxxxxxxxxxxxxxxxxxxxxxxxx, in the Barranca Hospital and
in the face of her father's abandonment, fulfilling my obligation as a mother, as strictly
established by the Code Civil Code of 1984 in Article 21.- Birth registration :
When the father or mother separately registers the birth of the child born outside of
the marriage bond, they may reveal the name of the person with whom they had it. In
this case, the son will take the father's surname (...).

I registered his birth in the RENIEC Civil Registry Office – BARRANCA.

FOURTH.- For the reasons stated above , I request that the Biological DNA test
be performed on the defendant , with the purpose of taking the necessary samples
from the defendant, the appellant and my youngest daughter, in order to prove the
paternity of the defendant. with my youngest daughter, as prescribed by Law No.
28457, modified by Law No. 29821, in Article 2, second paragraph, where it
indicates the following : “At said hearing, samples will be taken to the biological
DNA test, which is carried out with samples from the father, mother and son.
Likewise, the provisions of article 555 (SINGLE HEARING – SUMMARY
PROCESS) and others of the Civil Procedure Code will be followed with regard
to the claim for the establishment of alimony.” , if the defendant rejects being the
biological father of my minor daughter, his office will designate the Laboratory in
which said test will be developed.

FIFTH. - Likewise, if the summoned does not file an opposition within a period of ten
days of having been validly notified, the mandate will become a judicial declaration of
paternity and his Office will issue a ruling ruling on the claim for maintenance. This is
prescribed by Law No. 28457, modified by Law No. 29821, in Article 1, fifth
paragraph.

2.2.- REGARDING ACCESSORY CLAIMS

2.2.1.-FOOD:

FIRST . - Your Lord Judge, the defendant, from my gestation period to the present,
has not complied with his obligation to provide food to his youngest daughter
xxxxxxxxxxxxxxxxxxxxxxxxxxxxxx, 07 months old, as established by Law No.
27337 CODE OF CHILDREN AND ADOLESCENTS , in Article 93°. - Obliged to
provide food : “It is the obligation of parents to provide food to their children
(…).”

NEEDS OF THE MINOR:

SECOND . - It is necessary to indicate that currently my youngest daughter

xxxxxxxxxxxxxxxxxxxxx is 07 months old; And since every girl of that age
requires quite a few diapers, I spend 200 soles every month, just on diapers,
adding to that her food, clothing, recreation and other care and attention that my
youngest daughter needs, she also needs a person to be at her side. care 24
hours a day, that role, Mr. Judge, is being fulfilled by me as a mother until now;
Therefore I cannot work, and we only survive with the little help that my parents
give me, who are also in a very difficult situation financially.

ECONOMIC POSSIBILITIES OF THE DEFENDANT :

THIRD . - The defendant currently has the employment status of a motorcycle

driver; who receives 80 to 100 soles per day, approximately 2,600 soles per
month, for this reason I request that a food pension of no less than 700
soles be set for my youngest daughter xxxxxxxxxxxxxxxxxxxxxxxx

2.2.2.-PAYMENT FOR PREGNANCY, PRE AND POST BIRTH EXPENSES:

As provided in articles 472 and 414 of the Civil Code and article 92 of the Children
and Adolescents Code; “The mother has the right to food during the sixty days
before and sixty days after childbirth, as well as the payment of the expenses
caused by it and by the pregnancy. You also have the right to be compensated
for moral damage in the case of abuse of authority or promise of marriage..." ,
consequently, I request:

 the payment of 2,500 soles (TWO THOUSAND FIVE HUNDRED AND 00/100
SOLS); for pregnancy expenses from conception to delivery.
  And the payment of 800 soles (EIGHT HUNDRED AND 00/100 SOLES), which
I have the right as a surrogate mother to receive food, during the sixty days
before and the sixty days after childbirth, in accordance with the provisions of
Art. 414º of the Civil Code.

III.- PROCEDIMENTAL ROUTE :

This claim must be processed through the Special process according to Law No.
28457.

IV.- LEGAL BASIS :

I support this claim on the following legal bases:

Civil Code of 1984
Article 21.- Birth registration , Article 402. - Origin of the judicial declaration of
extramarital paternity , Article 481°. - Criteria for fixing food .
Article 406°. - Defendants in the paternity declaration action.
Article 414.- Rights of the mother , Article 472. Food definition
LAW N° 27337CODE OF CHILDREN AND ADOLESCENTS (07/08/2000)
Article 93.- Obliged to provide food
Law No. 28457, modified by Law No. 29821 , LAW THAT REGULATES THE
JUDICIAL AFFILIATION PROCESS OF EXTRA-MARITAL PATERNITY
Article 1.- Lawsuit, accumulation of claims and competent judge
Article 2.- Opposition
Civil Procedure Code of 1992
Article 424°.- Requirements of the claim , Article 425°.- Annexes to the claim ,
Article 560°.- Special jurisdiction
AMOUNT OF THE REQUEST
700 soles for food, 2,500 for pregnancy expenses and 800 soles for the mother's
right to food 60 days before and after childbirth.
EVIDENCE :
1.- Birth Certificate of the minor xxxxxxxxxxxxxxxxxxxxxxxx.
2.- Ultrasound report, carried out by the Hospital of xxxxxxxxxxxxxxx.
3.- Documents where the Affiliation and history, baseline pregnancy data and the
perinatal maternal card are recorded, issued by the Barranca hospital.
4.- Payment receipts for the purchase of diapers and other things that the minor
needs.
5.- Ticket from the Santa Fe Polyclinic, for the analysis performed to rule out thyroid
and pharmacy expenses.
6.- Reniec file of the defendant xxxxxxxxxxxxxxxxxxxxxxxxxxx.
ANNEXES :
1.A. -Original Birth Certificate of the minor xxxxxxxxxxxxxxxxxxxxxxxxxxx 1.B. -
Ultrasound report, carried out by Hospital xxxxxxxxxxxx.
1 C. - Documents recording the Affiliation and history, baseline pregnancy data and
the perinatal maternal card, issued by the Barranca hospital.
1.D. - Payment receipts for the purchase of diapers and other things that the minor
needs.
1.E.- Receipt from the Santa Fe Polyclinic, for the analysis performed to rule out
thyroid and pharmacy expenses.
1.F.- Reniec file of the defendant xxxxxxxxxxxxxxxxxxxxxxxxxxx.
1.G. -Simple copy of the appellant's National Identity Document.
1.H.- Simple copy of the Qualification Ballot of the undersigned Lawyer.
THEREFORE: I ask you, Mr. Judge, to admit this, process it in accordance with the
law and declare it founded in due course.

xxxxxxxxxxxx , February 26, 2019.