Child out of wedlock: definition, rights, duties and legal advice

2024 Author: Priscilla Miln | [email protected]. Last modified: 2023-12-16 00:21

Today, according to statistics, the birth rate of children out of wedlock is just over twenty percent, and this figure is increasing every year. An illegitimate child is one who is born in a family where the relationship of the parents is not formalized in the registry office.

Civil marriage

For modern Russia, families that are not registered in the registry office are a fairly common phenomenon. From the point of view of the law, the so-called civil marriage is considered a simple cohabitation. But despite this, legally an illegitimate child has the same rights as a child born in wedlock. Next, we will consider in more detail the question of what norms of the law protect the interests of babies born out of wedlock, as well as how to register a child out of wedlock.

About the law

The state does not deprive those citizens who were born out of wedlock. This is evidenced by the legal norms contained in the tenth and eleventh chapters of the Family Code of the Russian Federation. The tenth chapter deals with the establishment of paternity, registrationnewborn, as well as under what circumstances the child and their parents may have mutual rights and obligations.

Paternity Establishment

Establishment of motherhood occurs on the basis of documents that confirm the birth of the baby. But in order for a man to be officially recognized as the father of a child, he needs to go through the establishment of paternity. To do this, you must submit an application, jointly with the mother of the baby, to the registry office. Without the participation of the mother, the father of the child can independently submit an application in case of her incapacity or death, but only after the consent of the guardianship authorities or the board of trustees.

When a child is born in a registered marriage, the mother's husband automatically becomes the father. But if the child is born out of wedlock, then the man can become the legal father of the child directly with his consent. In the case when he refuses to accept paternity, then it is possible to recognize it with the help of a trial. Moreover, the mother of the minor will need to submit an appropriate application and provide evidence that this particular young man is the biological father of the crumbs. As confirmation in such a situation, joint purchases, photographs, testimonies of witnesses and more can act. With a small amount of evidence, the court may request a DNA examination.

In the event of disputes about paternity, it can be established in court on the basis of Article 49 of the RF IC, and the mother or guardian has the right to apply. Basically in court the fact of paternityis established by the results of DNA examination, which reveal the absence or presence of family ties. The procedure for establishing paternity is necessary if the mother subsequently wants to receive alimony. In addition, when paternity is established, it becomes possible to receive an inheritance both by will and by law.

Rights of the child outside of marriage

The rights of a minor can be found in the eleventh chapter of the Family Code. The provisions of this chapter of the law state that every child has the right to know information about their parents, as well as to be brought up in the family of their biological parents. In addition, article 58 states that any minor (including a child born out of wedlock) has the right to bear the father's surname. This article indicates that a baby out of wedlock is endowed with a full set of rights. In addition, a minor has the right to receive full material support from his parents. It is worth noting that when registering paternity, the father is obliged to pay alimony for a child out of wedlock. It is worth noting that the mother of illegitimate children is not legally en titled to receive alimony for her maintenance, but only for a minor.

Registration of illegitimate children

In our country, the registration of a child takes place in the registry office and is a mandatory procedure. As a rule, this process involves the personal presence of the mother with the necessary package of documents. Due to the frequent changes in the norms and rules, we recommend that you clarify the list of documents for registering a baby forofficial website of the registry office. As for women who are not married, for them information about the father of the child can be recorded from their words. In the case when a man acknowledges paternity, both parents must appear in the registry office with documents confirming their identity. In addition, for those mothers who are not officially married, it is possible not to indicate information about the father in the birth certificate and give the newborn their own surname. Subsequently, after the establishment of the fact of paternity, changes may be made to the registration book of records regarding information about the father.

List of documents for registration

When a child is born, a parent needs to register it within the first month of life, so it is important to know how to register a child out of wedlock. To register a baby, you will need the following package of documents:

• birth certificate issued at the maternity hospital;
• parents' passports;
• mother's application for registration;
• declaration of paternity, if the man recognizes himself as such.

It is worth noting that if a woman is not married, then the baby is assigned the mother's surname, and the patronymic is written from her words or may simply be absent.

Amount of child support

It was noted earlier: a child out of wedlock has exactly the same rights as a baby born in an official marriage. In this regard, the amount of alimony is calculated according to the general rules. The only difference is that the appeal forAlimony payments can be made only when paternity is established. If there is an official father, there are two options for collecting alimony for children outside of marriage:

• According to the decision of the court. Article 81 of the RF IC states that one child is en titled to 1/4 of all the father's income, for two children the share is 1/3, and if there are more than two children, then 1/2.
• According to the agreement on the payment of alimony, which indicates the period of maintenance obligations, the amount, responsibility for non-compliance with the conditions, as well as the order of transfer.

In both options, it is allowed to pay alimony for a child out of wedlock in a fixed amount, which implies a fixed amount expressed as a percentage. It is worth considering that it cannot be less than the amount of obligations that is required by law. But in exceptional cases, by decision of the court, the amount of alimony can be increased or decreased. In such cases, the family and financial situation of the two parties is taken into account. For example, if the parent does not have a permanent job, and the salary is not fixed, then in this case the court establishes payments in a fixed amount of money. Such a calculation is purely individual and is based on the minimum wage in the region and the subsistence level of the child. Alimony is paid until the child reaches the age of eighteen. If he enters a higher education institution full-time, the payment of maintenance obligations is extended until the age of twenty-three.

Malimony for the baby's mother

Article 89 of the UK states that the spouse is en titled to payments during pregnancy and in the next three years from the birth of their common child. The ex-wife has the same right. It follows from this that if a child was born out of wedlock, then his mother does not have the right to receive maintenance obligations for herself. This type of alimony has one goal - to protect the interests of the child and his mother. First of all, this is due to the fact that a woman at this time is not able to financially support herself and her baby, since during this period the baby requires constant care. So, to apply for the appointment of alimony, you must meet certain conditions:

1. A woman may be pregnant, or the age of the common child does not exceed three years.
2. If paternity is established.

But it is worth noting that the payment of alimony to a woman is provided only if she really needs financial assistance. The position of the man also influences the decision of the court, since he may be unemployed and unable to pay alimony. The husband is obliged to pay maintenance obligations until the child is three years old. But if the baby’s mother’s financial situation changes for the better due to going to work or remarrying, the ex-man may stop making payments.

In what cases can the court refuse?

The court may refuse to pay maintenance benefits to the mother of a child in the following cases:

• If a woman is suspected of lying. There are cases when the mother of the child deliberatelyhides his true income.
• When using alcohol and drugs.
• The fact is also taken into account when the reason for the divorce was infidelity, drunkenness on the part of the wife, etc.
• There are other circumstances that indicate a woman's negative behavior.

Collecting child support

The best option is an agreement between the parents, certified by a notary. This suggests that both sides were able to agree and have no claims against each other. In the event that a parent ceases to pay child support prescribed in the agreement, it is enough just to apply for a court order, if the man does not deny that he is the father of the minor. It is important to observe only one condition - the absence of a dispute about the fate of the child. If the parents cannot come to an amicable agreement, then it is worth going to court. After that, the writ of execution is transferred to the bailiffs. If the debtor refuses to voluntarily pay alimony, the civil servant has the right to foreclose on his property.

Legal Advice

Lawyers highlight several important aspects in this sensitive issue that you need to pay attention to:

• A child has the right to inherit property that is registered in the name of the mother. And the paternal inheritance can only pass if there is a fact of paternity.
• Children out of wedlock are able to receive maintenance benefits by court order or decisioncourt.
• If the father is absent, then the name, patronymic and surname of the child are indicated at the discretion of the mother.
• To make the father of a child out of wedlock a responsible person, you need to formalize the fact of paternity.