Have you ever thought that, in addition to popularity, maybe Marilyn Monroe and Fidel Castro have in common? It turns out that each of them is an illegitimate child! In past centuries, this was a stigma. Illegitimate children, according to the layman, are prone to crime, not so talented and law-abiding. With the development of society, this injustice has sunk into oblivion. No one now pokes in the eyes of a mother or child with the fact of an illegal birth. The legal foundations of the relationship of the child with the parents have also changed. Let's discuss them.
Who is an illegitimate child?
First, let's define the concepts. In jurisprudence, everything must be accurately recorded, verified to a micron. An illegitimate child is considered to be a child whose parents did not conclude a contract at the time of his birth. Today, such children enjoy the same rights as ordinary, so to speak, born in a complete family. In most countries, the law protects all children. However, the problem immediately appears here. With the matter of the offspring, as a rule, everything is clear. It is she who gives birth to a child. But fatherhood still has to be proved. Not every man wants to recognize children. This, of course, is unscrupulous on their part, but the circumstances are different, in some cases people can even be understood. An illegitimate child is not to blame for the fact that his parents do not want to communicate or even consider him their own. The baby needs care and support, including material support. And if the state has given moral problems to society, then it takes care of the financial ones.
How to prove paternity
There are two options that have a fundamental difference. The first is by parental consent. Together they submit an application to the registry office, on the basis of which the names are entered in the birth certificate. It is proof that the child has a father. Extramarital children whom men refuse, as well as their mothers or guardians, are able to prove the existence of family ties through the courts. The procedure is quite unpleasant morally, but necessary. Both the illegitimate child and the person taking care of him have the right to apply to the judicial authority. Any arguments are accepted as evidence - letters, video and audio recordings of meetings and conversations, testimonies. The most responsible and difficult to refute factor is considered to be genetic examination. The court considers cases of paternity even when the man has already died. This mainly applies to cases of inheritance of property. By the way, a genetic examination can also be carried out after the death of a person. Material for her is taken from the personal belongings of the deceased. But you have to get the consent of other relatives.
Alimony
The child needs support from both parents from birth. Many women are faced with the fact that a man does not want to give money, he is being dragged away from his duties. However, the law strictly stipulates that fathers whose illegitimate children live with their mother (guardian) are required to pay part of the income in their favor. Unfortunately, it is often possible to bring a man to justice only in court. A woman must first establish the fact of paternity (see above). Only after this can you go to court to recover child support. In practice, the decision to transfer part of the income also does not help much. The court ruling refers only to the official salary, and it does not always correspond to the real one. To prove that the father has other incomes is rather difficult and troublesome, but possible. By the way, an illegitimate child should be provided by both parents. If the baby lives with a guardian, then the mother also pays him alimony. This happens, for example, when a woman is deprived of parental rights.
An illegitimate child: an inheritance
Property left by a deceased relative is subject to division. People often do not think about the future, so they get into trouble. For example, a husband’s illegitimate child may well claim part of the property if the man did not take care of the will. It is another matter when he signed such a document. The rights of other heirs are then not taken into account, except for mandatory ones. So, it is impossible to refuse to allocate part of the inheritance to a minor child, regardless of the circumstances of his birth. It is recommended to be interested in whether spouses have extramarital offspring. The same rights apply to persons with a social pension. The law is interpreted in exactly the same way when it comes to what can sue the illegitimate child of a wife from other relatives. Children are heirs of the first stage, birth factors are not taken into account.
Practical difficulties
Often women try to prove paternity in order to receive alimony from a man. They try to do everything so that an illegitimate child whose rights are violated is protected. In practice, they sometimes get more problems than help themselves. So, a man whose paternity is proven acquires not only duties, but also the same rights as an official parent. He is obliged to pay, which he does, for example, by court order. But it gives only a small fraction of income. Moreover, she is still trying to take revenge on the woman. And he has such an opportunity. In order to travel abroad with a baby, permission of the father is necessary. And for the signature on the document, some unscrupulous men require payment, others simply refuse to draw it up. Mommies should think carefully about whether to contact a person who does not want to recognize a child. Indeed, in addition to money, the baby needs warmth and affection. And if the “father” begins to rub the nerves of her mother, then she will not be able to give the offspring as much love as is necessary for normal development. The question only seems philosophical, but in fact it is of great practical importance, in any case, for the baby.
What to do if the rights of a minor are violated?
Extramarital children and their mothers sometimes face many problems. If the child has not reached the age of majority, then in any case he can count on the protection of the state. In each district (city) there is a special service dealing with these issues. You can’t solve the problem yourself - contact a specialist. Government officials are required to help completely free. In addition, these people have both practical skills and specialized knowledge. Their duty is to explain how to act in a given situation, to help with paperwork, and so on. Do not let things slip, protect the rights of your children, but wisely, so as not to get even more trouble. Good luck