In the modern world, more and more citizens begin to prefer ordinary cohabitation and do not register their relationship in accordance with the family legislation of the Russian Federation. From one point of view, this is really convenient, since you do not have to share jointly acquired property in the event of a divorce and face numerous civil processes that sometimes create unbearable emotional stress.
However, life flows in a measured way until an illegitimate child is born. Often after his appearance, difficulties and bickering arise regarding his rights. Regardless of whether the baby was born in an official relationship or not, he has his inalienable rights. Family and civil law does not divide children into those born in an official civil marriage and those born during the period of cohabitation of parents or without a father. But, as practice shows, difficulties with the issue at hand arise already at the stage of registration of the baby. Therefore, it is important to understand what rights an illegitimate child has.
What does cohabitation mean?
On the territory of the Russian Federation, there is a big difference between cohabitation and official marriage. The first is often confused with “civil marriage”. But the law recognizes such marriage registered in the registry office. All other cohabitation between a man and a woman is considered cohabitation.
Firstly, the difference is manifested in the rights and obligations that are characteristic of spouses. The ordinary form of cohabitation does not imply the official fulfillment of any obligations to each other.
Secondly, the concept of common property is not characteristic. If the couple decides to leave, there will be no legal proceedings or other procedures that accompany the dissolution of the official marriage.
Considering the official marriage, it is worth noting that this is a different degree of responsibility. This is a legally significant union. After its execution, the state imposes certain rights and obligations. In this case, just to part in their corners will not work. We will have to share the jointly acquired property, which is not always obtained in a peaceful manner.
Is there any difference?
Considering the current legislation, we can conclude that children always remain children. That is, babies born out of an officially married marriage will have the same rights as those born in an ordinary marriage. It makes no difference in which marriage the child was born. It is important to note that the responsibility for it will be assigned to biological parents. However, social and legislative difficulties in this situation are unlikely to be avoided.
Basic rights
According to Art. 53 of the IC of the Russian Federation, an illegitimate child has the same rights as children born in traditional families. A minor citizen may apply for the following rights:
- Living in a family and brought up by parents.
- Communicate with both mom and dad.
- Be protected.
- Receive care and social protection.
- Openly express their opinions in case of conflict.
- Claim property, including inheritance.
In addition, it is worth noting that an illegitimate child may qualify for child support, the amount of which is established during the trial, if the parents can not come to a common compromise. To do this, the father must acknowledge his paternity voluntarily or in court through a DNA examination.In connection with this condition, difficulties often arise for mothers who do not abandon their children.
Registration process
The registration process takes place in a different way than if the baby were registered in an officially registered family. Often the question arises of how to give a middle name to an illegitimate child. Turning to the registry office, the mother must decide what surname to register. That is, information is taken from her words, as is middle name. But the complexity of the procedure does not end there.
You will also have to submit a written application from the father of the child, where his consent has been expressed to assign his name. By default, a citizen recognizes that it is his child. Otherwise, a dash is put in the corresponding information column about the father. Further, the establishment of paternity can be initiated in a judicial proceeding.
If citizens cease cohabitation, then automatically the child remains to live with his mother. Accordingly, a man does not receive any burden.
Alimony
The issue of financial security is most often the most relevant if the child is born out of wedlock. If the father refuses to support the child, then you can file a lawsuit in court to receive alimony, but in this case a number of difficulties arise. Assignment of payments is possible only after the fact of paternity is established:
- It is necessary to obtain the official consent of the father.
- Provide evidence of paternity to court.
According to judicial practice, in most cases paternity is recognized after a formal hearing. After passing this procedure, the child is assigned alimony in a general manner. To confirm the relationship, it is necessary to conduct a medical study - DNA examination. Subsequently, if paternity is recognized in court, all expenses related to the conduct of this examination shall be recovered from the defendant.
Can an illegitimate child claim an inheritance?
When a child is born outside of a legal marriage, in the future he may face a number of legal difficulties. This is especially true of the situation with the inheritance. This is due to the fact that a citizen will have to prove a family relationship. In addition, there may be other applicants for property. In addition, often legitimate heirs behave unfriendly towards illegitimate children, or fatherless fathers, as it is often customary to call such persons in such situations. Especially such situations arise when there is something to share. But by law, all children of the heir have the same rights.
The duty of illegitimate children to support their parents
As a general rule, if one of the parents is recognized as incapable of work and needs help, such an obligation is imposed on a child who has reached the age of majority. However, the fact will be taken into account whether the parent himself took part in the educational process, whether he provided material support, or whether the fact of paternity was confirmed. It is important to understand that if an illegitimate child was not officially recognized by his father and did not receive financial support from him, then the parent should not rely on him later.
It is important to take into account that many women deliberately refuse to support biological fathers so as not to burden children with parental support in the future.
Instead of a conclusion
Based on the above aspects, we can conclude that it does not matter in which union the baby is born: official or during the period of cohabitation. The rights of illegitimate children and those born in the family are identical. In addition, in order to prove paternity, it is not necessary to initiate a trial. A man can recognize him voluntarily by contacting the registry office with a corresponding application. In other situations, when a dash is put, it will be necessary to prove this fact only in court.In addition, you should not delay time, but it is better to take care of a similar aspect during life.
Summing up the issue of what rights illegitimate children have, the following aspects can be noted:
- F. I. O. is established in accordance with the testimony of the mother.
- The fact of paternity can be established both in court and on a voluntary basis.
- The amount of alimony should be fixed in court.
- A child has identical rights as children born in a traditional family.
- Inheritance from the mother is transferred to the child in any case, and from the father only after the establishment of paternity.
It is important to bear in mind that in practice many women deliberately give birth to children without formal marriage, hoping that fewer problems may arise in the future. In fact, such a statement is not entirely true.