A couple from Peru has been fighting for 3 years to have their co-maternity recognized.
Darling Delfín and Jenny Trujillo have been fighting for three years for Peru to recognize their rights as a diverse family.
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By Vero Ferrari
Darling Delfín and Jenny Trujillo have been together for almost a decade. In February 2012, they had a symbolic wedding in Lima, at an event organized by the Peruvian LGBT Network, which has held this event every February 14th for the past 16 years to celebrate Valentine's Day: "Love doesn't discriminate." In 2012, Darling and Jenny legally married in Mexico, and in August 2014, their son, Dakarai, was born. A year later, they decided to return to Peru. In Mexico, they are automatically considered Dakarai's mothers because they are married, and this is recorded on his birth certificate. In Peru, this possibility has been denied to them time and again. Here, Dakarai is only considered the son of the woman who gave birth to him. The Peruvian state has ruled that the other mother does not exist. They began a legal battle three years ago, and now the Judiciary has accepted the case.
In Peru, there are two bills in Congress: one for civil unions, introduced by congresswomen who originally belonged to the ruling party, and another for same-sex marriage, introduced by the New Peru party. Neither has even been debated in committee yet, due to the ongoing crises facing the current government.
[READ ALSO: A lesbian couple fights for recognition of their co-maternity]
A battle in the Civil Registry
The National Registry of Identification and Civil Status (Reniec) issued Dakarai's national identity document (DNI), which recognizes the child's nationality and the maternity of only one of the mothers. On December 15, 2016, the mothers requested that Reniec issue a DNI that recognizes their parent-child relationship.
During this time they have been waiting, in addition to caring for their son and their daily tasks, the couple dedicated themselves to launching a campaign for the recognition of lesbian mothers with the support of the feminist organization Demus (Study for the Defense of Women). They did so through the Facebook page “I Have Two Moms,” receiving support from artists, politicians, and citizens who sympathize with their situation.
Presentes spoke with the couple's lawyer, Jeannette Llaja, who updated us on the situation of the case:
– What does the non-recognition of their rights by the Peruvian State mean for two lesbian mothers?
– In the case of Darling and Jenny, the Peruvian state has created the fiction that they do not have a child together and that Jenny is not the mother of the child with whom she has been involved since his conception, whom she has raised since birth, and who calls her "Mom" daily. This decision has very serious and dangerous consequences for each member of this family and for the family as a whole. The rights and responsibilities that exist between them and that must be respected by others are being disregarded. Simply put, Jenny cannot represent him, care for him, or even prevent him from being taken away from her.
[READ ALSO: Peruvian Justice recognizes marriage between two women]
Furthermore, this is a case in which Reniec officials had the legal tools to recognize the child's parentage with both mothers, but chose not to use them out of fear, insensitivity, or homophobia. And beyond the reasons, this demonstrates the weakness of the defense of children and the "Best Interests of the Child" that the State periodically proclaims, because when faced with the dilemma of protecting a child or denying the rights of their lesbian mothers, they opted for the latter.
It goes without saying that a case like Jenny and Darling's brings into question the right of women in general, and lesbians in particular, to decide whether or not to become mothers. This right, as the Inter-American Court of Human Rights has pointed out in the Artavia Murillo v. Costa Rica case, and as the Peruvian Constitutional Court itself has stated, stems from the right to the free development of one's personality and the right to privacy.
– Why is the struggle between Darling and her partner important?
– It's important in many ways, but I'd like to highlight two. First, because it's setting an argumentative precedent and hopefully becoming a landmark in national law on lesbian motherhood. And second, because it demonstrates how the State and society have a double standard regarding the protection of children, who are even used, to their detriment as in this case, to hinder the recognition of the rights of LGBTQ+ people.
– What is the current status of the process?
The case has been accepted by the Judiciary. We expect that Reniec will be notified in the coming weeks and will respond so that the constitutional judge can issue a ruling immediately. The case experienced an initial delay because we had to appeal to the Superior Court (second instance) for its admission, as the lower court initially refused to process it as a constitutional matter.
– Are there any chances of winning?
– We should win. Reason and law are on our side.
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