What rights does an illegitimate child have?

Have you ever wondered what, apart from popularity, can 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 inhabitants, are prone to crime, are not so talented and law-abiding. With the development of society, this injustice has sunk into oblivion. No one is now poking into the eyes of the mother or children the fact of illegal birth. The legal basis of the child's relationship with his parents has also changed. Let's discuss them.

Who is an illegitimate child?

First, let's define the concepts. In jurisprudence, everything should be accurately fixed, reconciled to a micron. An illegitimate child is a child whose parents did not contract at the time of his birth. Today such children enjoy the same rights as ordinary children, so to speak, born in a full family. In most countries, the law protects all children. However, here immediately there is a problem. With the nature of the offspring, as a rule, everything is clear. It is she who gives birth to a child. But fatherhood has yet to be proved. Not every man wants to recognize children. This, of course, is shameless on their part, but the circumstances are different, in some cases people can even be understood. An illegitimate child is not to blame, that his parents do not want to communicate or even consider him their own. The baby needs care and support, including material. And if the state has given up moral problems to society, then it takes care of financial matters itself.

How to prove paternity

There are two options that have a fundamental difference. The first is by the consent of the parents. They together submit an application to the registry office, on its basis names are entered in the birth certificate. It is proof that the child has a father. Extramarital children, from which men refuse, as well as their mothers or guardians have the opportunity to prove the existence of family ties through the court. The procedure is rather unpleasant morally, but necessary. The legal body has the right to both the illegitimate child himself and the person taking care of him. As evidence, any arguments are accepted - letters, video and audio recordings of meetings and conversations, testimony. The most responsible and difficult refutable factor is genetic examination. The court examines cases of paternity even when the man has already died. This mainly relates to cases of inheritance of property. By the way, 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 it will be necessary to obtain the consent of other relatives.

Alimony

The child needs the support of both parents from the moment of birth. Many women are faced with the fact that a man does not want to give money, shirks his duties. However, the law strictly specifies 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 a judicial procedure. A woman needs to first establish the fact of paternity (see above). Only after this, you can apply to the court for recovery of alimony. In practice, the decision to transfer part of the income also helps a little. The judicial decision concerns only the official salary, and it does not always correspond to the real one. Prove that his father has other income, it is quite difficult and troublesome, but possible. By the way, an illegitimate child must be provided by both parents. If the kid lives with a guardian, then mom also pays him alimony. This happens, for example, when a woman is deprived of parental rights.

Bastard child: inheritance

The property left by the deceased relative is subject to division. People often do not think about the future, because they get into trouble. For example, an illegitimate child of a husband may well claim part of the property if the man did not take care of the will. It's another matter when such a document is signed by him. The rights of other heirs are then not taken into account, except for mandatory ones. Thus, it is impossible to deny the allocation of a part of the inheritance to a minor child, regardless of the circumstances of his birth. It is recommended to be interested in whether the spouses have extramarital offspring. The same rights apply to disabled people who have a social pension. Exactly the same way the law is interpreted when it comes to the fact that the illegitimate child of a wife can sue 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 to ensure that an illegitimate child whose rights are violated is protected. In practice, they sometimes get more problems than help. So, a man whose paternity is proven acquires not only duties, but also the same rights as an official parent. He must pay, which he does, for example, by a court decision. But gives only a small fraction of income. Moreover, it is still trying to take revenge on a woman. And he has such an opportunity. To leave with a child abroad, you need permission from your father. And for signing on the document some unscrupulous men demand payment, others simply refuse to register it. Mummy should think twice about whether to contact a person who does not want to recognize a child. After all, except for money, the baby needs warmth and affection. And if the "father" becomes nervous to tear at his mother, then she will not be able to give the offspring as much love as necessary for normal development. The question only seems philosophical, but in fact it has great practical significance, at least for the baby.

What should I do if the rights of a minor are violated?

Bastard children and their mothers sometimes face many problems. If the child has not reached adulthood, 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 not solve the problem yourself - contact a specialist. Civil servants are obligated to help for free. In addition, these people have both practical skills and special knowledge. Their duty is to explain how to act in this or that situation, to help with the preparation of documents and so on. Do not let things slide, protect the rights of their children, but with the mind, so as not to get even more trouble. Good luck!