Blended families in Peru: Contributions from the Argentine legal model

Abstract

This article addresses the increasingly urgent need for Peru to legally recognize blended families, a growing form of family organization that lacks clear regulation in current legislation. Using a qualitative approach based on interviews with specialists in Constitutional and Family Law, three recurring problems are identified: discrimination stemming from the lack of recognition of these bonds, legal uncertainty hindering everyday decisions, and the negative impact on the child's best interests due to the absence of legal support for the stepparent in raising the child. The study contrasts this reality with the Argentine model, where the 2015 Civil and Commercial Code regulates affinity and the responsibility of the stepparent, demonstrating the feasibility of regulating relationships already established in practice. Methodological triangulation and a review of contemporary theories on the family confirm that the Peruvian legislative omission restricts fundamental rights such as identity, child support, and the continuity of affective bonds. Consequently, a specific statute is proposed to provide coherence and protection to these families, allowing for the full application of the principle of the best interests of the child in diverse and dynamic family contexts.