What is a child born out of wedlock entitled to? It is to this question that we have to find the answer. The thing is that civil marriage (cohabitation) in Russia is quite common. Couples live together, lead a life and build a family, but without a stamp in the passport. Such a situation does not cause trouble exactly until the children are born. After this, certain disputes and disagreements often arise regarding the rights of minors. So what can an illegitimate child claim? How does he differ from those born in formal relationships?
The concept of civil marriage
In the Russian Federation, cohabitation (civil marriage) and official marriage are two different forms of relations between a man and a woman. Especially when it comes to the rights and obligations of spouses.
So, cohabitation does not oblige to anything. The spouses will not have joint property, they are not burdened with anything. Wanted - gathered, wanted - parted. No divorce proceedings, courts or sharing of the acquired during cohabitation.
Formal marriage has legal significance. After its conclusion, the parties have duties and responsibilities. Terminating such a relationship is more difficult. The spouses have a joint property, which will be divided.
But what about a child born out of wedlock? All of the listed differences and features apply only to spouses. What about the children?
Children are always children
What do lawyers say about this? From the point of view of legislation, children born in a common-law marriage are no different from those born in a formal relationship. Minors will have equal rights and responsibilities.
Theoretically, it is not so important how a child is born. The main thing is that biological parents will be responsible for it. Only if you give birth to a child out of wedlock, you often have to face special problems. But about them a little later.
About rights
To begin with, we will figure out exactly what rights illegitimate children have. As already mentioned, they are endowed with the same capabilities as those born in a registered relationship. This is indicated by article 53 of the Family Code.
The rights of a child born out of wedlock are prescribed in Chapter 11 of this Code. So, a minor can count on:
- parenting and family life;
- communication with both parents;
- protection;
- receiving care and maintenance from both parents;
- expressing opinions in family matters;
- surname, name, patronymic;
- property;
- inheritance from both legal representatives.
Based on the foregoing, it can be concluded that children always remain children of their biological parents. In addition, minors may qualify for child support. For a child born out of wedlock, payments are made in court. In this case, parents will have to recognize paternity. It is because of this feature that mothers and minors often have problems.
Child registration
A child born out of wedlock is not registered as the rest. When contacting the registry office, mothers are asked what surname to assign to a minor. In other words, she is recorded from the words of the mother. Just like middle name. But that's not all!
In order to appropriate a patronymic and establish paternity, you need to present a statement from the father in which he agrees that the child is from him. If there is no such document, the child may have a dash in the column "Father". Then paternity will have to be recognized in court.
If the birth certificate does not contain information about the father of the minor, then when the separation of the biological parents, the child must remain with the mother. Thus, it turns out that the man will not be burdened by children.
About child support
Quite often, citizens are interested in how the financial support of a child born out of wedlock occurs. As already mentioned, you can file for alimony. But with certain difficulties.
Extramarital children are assigned alimony after acknowledgment of paternity. To do this, you need:
- consent of the father of the child;
- irrefutable evidence of kinship submitted to the court.
Most often it is necessary to judicially recognize paternity. After that, children will be assigned alimony according to general rules. To confirm kinship often have to do a medical DNA examination.
Problems for children
A child born out of wedlock may face a series of legal troubles in the future. Especially when receiving an inheritance.
The thing is that in this case you have to prove your kinship. You will also have to share the property with the other heirs. Only occasionally children born in a marriage normally relate to suddenly born illegitimate heirs.
Nevertheless, children who were born out of wedlock will have equal rights with other heirs of biological parents. This should not be forgotten.
Parents and children
How to make life easier for a child born out of wedlock? It is necessary to recognize paternity so that the baby does not have problems in the future. Or adopt him. Only in this way can negative legal situations be minimized.
Another important nuance - parents of illegitimate children have exactly the same rights as in the case of the birth of babies in marriage. What does it mean?
If the parent is needy and disabled, he will be able to demand child support. But again, many aspects will be taken into account here - whether the parent participated in the upbringing and maintenance of the minor, whether paternity was confirmed.
Some women who give birth to children out of wedlock prefer to deprive their offspring of alimony from their biological fathers so that they do not turn to children for help in old age. This is not entirely correct. After all, there are times when fathers still require child support from illegitimate children.
Conclusions and Conclusions
Now it’s clear what a child born out of wedlock can claim. Do I need to go to court to establish paternity? Not necessary. There is no need to do this if the baby’s birth certificate contains information about dad. Otherwise, paternity is indeed recognized in court. And it is better to take care of this during the life of the biological parents of the child.
What conclusions can be drawn? It will be necessary to take into account that the following principles apply to illegitimate children:
- F. I. O. are recorded in the registry office with the words of mom;
- paternity is recognized on a voluntary basis or through a court of law;
- child support is usually awarded in court;
- the rights of illegitimate children are exactly the same as those of legitimate children;
- minors will always receive inheritance from the mother, and from the father after recognition of paternity;
- if the birth certificate contains information in the column "Father", there is no need to apply to the court for recognition of paternity.
Some citizens deliberately give birth to children in a civil marriage, believing that such a move will not cause trouble in the future. This is actually not the case. Judicial practice indicates that quite often hereditary disputes erupt between legitimate children and illegitimate children. Therefore, it is better for a child when he is born in an official relationship. Thus, it will be possible to get rid of most of the legal problems.
A child born out of wedlock is the same minor as the one who was born after the wedding and registration at the registry office. Only such children in real life have a lot of troubles and problems. And this is despite the fact that the legislation of the Russian Federation equalizes the rights of all children.In any case, it is now clear what an illegitimate child can count on.