What rights does a child or adolescent have in Peru? The essentials of the Children and Adolescents Code
The Children and Adolescents Code (Ley 27337) is still in force: a child is anyone under 12 and an adolescent is 12 to 18. Every State measure must weigh their best interests, they have a right to be heard on what affects them and to good treatment, and your district's DEMUNA helps for free.
VerificationPartly verifiedSee the sources ↓
- 5sources cited
- 5read at the official source
- 2official institutions
Peruvian State portal (gob.pe) · El Peruano
Checked 11 Oct 2026Next review 11 Jan 2027
What is still unverifiedWe read articles I and IX of the Preliminary Title and articles 1, 4, 14 and 21 of the Children and Adolescents Code in a text of the Code published on gob.pe whose footnotes run up to 2008 amendments; we did not check whether those articles changed afterwards. Article 9 is quoted from the wording given by Ley N.º 32617 (El Peruano, 29 May 2026); article 3-A from Ley N.º 30403 (2015); and articles 42 and 45 from Decreto Legislativo N.º 1377 (2018); we did not check later amendments to those three. That Ley 27337 is still in force rests on Ley 32617 having amended it in 2026; we found no published law approving a new code. We did not read the consolidated SPIJ text for these articles.
The Code is still in force
The core law is Ley N.º 27337, the Children and Adolescents Code (Código de los Niños y Adolescentes), published on 7 August 2000. It has been amended many times but not replaced: in May 2026, Ley N.º 32617 changed its article 9. We found no published law approving a new code.
Who is a child and who is an adolescent
| Stage | From | Until |
|---|---|---|
| Child (niño or niña) | Conception | Turning 12 |
| Adolescent | 12 | Turning 18 |
| If age is in doubt | Treated as a child or adolescent | «mientras no se pruebe lo contrario» (until proven otherwise) |
Source: article I of the Preliminary Title. The same article says «El Estado protege al concebido para todo lo que le favorece» (the State protects the unborn child in everything that benefits it).
The best interests of the child
Article IX is the rule that runs through the whole Code: in every measure concerning a child or adolescent taken by the State —executive, legislature, judiciary, Public Prosecutor’s Office, regional and local governments— «así como en la acción de la sociedad, se considerará el Principio del Interés Superior del Niño y del Adolescente y el respeto a sus derechos» (as well as in the actions of society, the principle of the best interests of the child and adolescent and respect for their rights shall be considered).
In practice, it is the argument that weighs in custody, visitation, child support or a travel permission. It does not say which decision to take; it requires whoever decides to weigh it.
The basic rights
| Right | What the Code says | Where we cover it |
|---|---|---|
| Life | «El niño y el adolescente tienen derecho a la vida desde el momento de la concepción» (the child and adolescent have the right to life from conception) (art. 1) | — |
| Personal integrity | Respect for their moral, mental and physical integrity; «No podrán ser sometidos a tortura, ni a trato cruel o degradante» (they may not be subjected to torture or cruel or degrading treatment) (art. 4) | Physical and humiliating punishment |
| Good treatment | Care, affection, protection, socialisation and non-violent education (art. 3-A, Ley 30403) | Physical and humiliating punishment |
| Being heard | To express their opinion «en todos los asuntos que les afecten» (on all matters affecting them), without discrimination, and have it weighed by age and maturity (art. 9, as worded by Ley 32617) | Custody and visitation |
| Education | «El niño y el adolescente tienen derecho a la educación» (the child and adolescent have the right to education) (art. 14) | Improper school charges, school bullying |
| Health | Comprehensive health care (art. 21) | Medical decisions for a minor |
The right to be heard, in its 2026 wording
Article 9, as amended by Ley 32617: a child or adolescent «que estuvieren en condiciones de formarse sus propios juicios tendrán derecho a expresar su opinión libremente en todos los asuntos que les afecten y por los medios que elijan, sin ningún tipo de discriminación incluida la objeción de conciencia, y a que se tenga en cuenta sus opiniones en función de su edad y madurez» (who is able to form their own views has the right to express their opinion freely on all matters affecting them and by the means they choose, without any kind of discrimination, including conscientious objection, and to have their opinions taken into account according to their age and maturity).
Two things people mix up: being heard is not deciding, and the opinion weighs more the more mature the child is. But ignoring it entirely on a matter that affects them goes against the text.
Where to go
Your municipality’s DEMUNA is the front door: it is «un servicio gratuito y especializado» (a free, specialised service) (art. 42), mediates child support, custody and visits with agreements that are enforceable titles, and reports misdemeanours and crimes against children (art. 45). We explain it in what the DEMUNA does and doesn’t do.
Map of family topics on this site
- Money: child support.
- Who the child lives with and visits: custody and visitation; parental authority after separation; loss or suspension of parental authority.
- Identity and parentage: birth certificate; acknowledging a child at Reniec; paternity and DNA testing.
- Travel and removal: travel permission for minors; parental child abduction within Peru; international child abduction.
- Care without the parents: caring for a child without legal guardianship; guardianship of a foreign child; adoption.
- School and work: school bullying; improper school charges; child labour.
- Violence: reporting family violence; physical and humiliating punishment.
How to file
- Identify the issueSupport, custody, visits, travel, school, health, punishment or violence: each has its own page on this site, linked below.
- Start with the DEMUNAIt is free and mediates child support, custody and visits; it also takes cases of children at risk (Code, art. 45).
- Ask for the child to be heardIn a procedure or case that affects them, invoke article 9: they have the right to give their opinion and have it taken into account according to age and maturity.
- Invoke the best interests in writingIn any filing with a public body, cite article IX of the Preliminary Title: every measure must weigh the child's best interests.
What people fail to ask in time
If one parent takes the child without the other's consent, do you know when that becomes a crime and where to report it?
Find out before it matters →What most people believe — and what the law says
The Children and Adolescents Code has been replaced.
Ley 27337 is still the Code. In May 2026 Ley 32617 amended its article 9, which confirms it is in force. We found no published law approving a new code.
Children have no say in what their family or a judge decides.
Article 9 gives them the right to express their opinion «en todos los asuntos que les afecten» (on all matters affecting them) and to have it taken into account «en función de su edad y madurez» (according to their age and maturity). Being heard is not deciding: their view carries weight according to age and maturity.
Only judges apply the best-interests principle.
Article IX extends it to every measure of the executive, legislature, judiciary, Public Prosecutor's Office, and regional and local governments, «así como en la acción de la sociedad» (as well as in the actions of society).
If I don't know a young person's exact age, I treat them as an adult.
The opposite: if there is doubt about age, they are considered a child or adolescent «mientras no se pruebe lo contrario» (until proven otherwise) (art. I).
Frequently asked questions
Up to what age is someone a child, and when do they become an adolescent?
A child, from conception until turning 12. An adolescent, from 12 until turning 18 (art. I of the Preliminary Title).
What changed in 2026?
Ley 32617 (29 May 2026) amended article 9: it now says the right to be heard is exercised «sin ningún tipo de discriminación» (without any kind of discrimination). The same law replaced the term 'discapacitado' with 'persona con discapacidad' (person with a disability) and renamed the chapter on the rights of children and adolescents with disabilities.
Do these rights apply to foreign children living in Peru?
Our reading is yes. Article 3-A speaks of children and adolescents «sin exclusión alguna» (without any exclusion), and the Code does not make these rights depend on nationality.
Who do I go to if a child's rights are being violated?
Your municipality's DEMUNA, which is free and can report misdemeanours and crimes against children to the authorities (Code, arts. 42 and 45). If there is violence, see this site's family-violence page.
The exact law
Ley N.º 27337, Código de los Niños y AdolescentesPreliminary Title, articles I and IXread
Definition of child and adolescent; best interests of the child and adolescent
«Se considera niño a todo ser humano desde su concepción hasta cumplir los doce años de edad y adolescente desde los doce hasta cumplir los dieciocho años de edad.»
↳Articles 1, 4, 14 and 21read
Rights to life, personal integrity, education and comprehensive health care
«No podrán ser sometidos a tortura, ni a trato cruel o degradante.»
Ley N.º 32617Sole article, amending article 9 of the Children and Adolescents Coderead
Law amending Ley 27337 to replace the term 'discapacitado' with 'persona con discapacidad'
«tendrán derecho a expresar su opinión libremente en todos los asuntos que les afecten y por los medios que elijan, sin ningún tipo de discriminación incluida la objeción de conciencia»
Ley N.º 30403First Complementary Amending Provision (adds article 3-A to the Code)read
Right to good treatment
«Los niños, niñas y adolescentes, sin exclusión alguna, tienen derecho al buen trato»
Decreto Legislativo N.º 1377 (wording of articles 42 and 45 of the Children and Adolescents Code)Article 4, amending articles 42 and 45 of the Coderead
Children's ombudsman service (Defensoría de la Niña, Niño y Adolescente): free, and its functions
«La Defensoría de la Niña, Niño y Adolescente es un servicio gratuito y especializado»
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What this page already lets you do
- Name the rule that protects you
- Copy the exact article and send it
- Follow the steps, in order
What this page does not give you yetWe read articles I and IX of the Preliminary Title and articles 1, 4, 14 and 21 of the Children and Adolescents Code in a text of the Code published on gob.pe whose footnotes run up to 2008 amendments; we did not check whether those articles changed afterwards. Article 9 is quoted from the wording given by Ley N.º 32617 (El Peruano, 29 May 2026); article 3-A from Ley N.º 30403 (2015); and articles 42 and 45 from Decreto Legislativo N.º 1377 (2018); we did not check later amendments to those three. That Ley 27337 is still in force rests on Ley 32617 having amended it in 2026; we found no published law approving a new code. We did not read the consolidated SPIJ text for these articles. See the sources ↑