Illegitimate child: rights, inheritance, alimony. Do illegitimate children have the right to inheritance?

In modern society, citizens quite often live in marriage without formalizing it. Accordingly, in such families children are born out of wedlock. The question of formalizing the relationship between father and child is quite natural in this situation. The most acceptable option for parents living in a civil marriage is recognition of paternity (voluntary).

This procedure is especially important for children who were not born in an official marriage. The fact is that in the absence of documents confirming the marriage, it is impossible to confirm the identity of the father upon the birth of the baby. If the father wants to take part in his fate and formalize paternity legally, his data is indicated in the metric.

What Is A Child Born Out Of Wedlock Called?

It is worth noting that the grounds on which a man is officially considered a father and can be recognized as such are contained in the law “On Acts of Civil Status”. Such grounds are: a voluntary statement from the father, a statement from both parents, or a court decision. It must be borne in mind that a voluntary application from a man is accepted only if the mother for some reason (death, deprivation of parental rights, etc.) cannot participate in filing a joint application.

In case of disputes about paternity, paternity can be established in court on the basis of Art. 49 of the Family Code of the Russian Federation, and not only the mother, but also the guardian has the right to file a claim on this issue. As a rule, paternity is established in court based on the results of a DNA examination, which reveals the presence or absence of family ties. The fact of establishing paternity may also be necessary if the mother subsequently wishes to receive child support.

What legal provisions protect the interests of children born out of wedlock (read more...)

Right to inheritance

Not only the honor of legitimate children, but also their rights to inheritance were jealously protected. A bastard was not legally entitled to any part of his father's (or mother's, if she was a wealthy aristocrat) inheritance. A wealthy parent could only give something to his illegitimate child out of mercy. But this was done extremely rarely.

Usually, the bastard faced the unenviable fate of being a beggar and rejected by everyone. This is also why being illegitimate was considered a real curse. Bastrad sons often enlisted in military service as ordinary soldiers and served for decades because they could not otherwise feed themselves. At best, the girl could go to a monastery, at worst, she could go into service or become a prostitute. Nobody wanted to marry someone out of wedlock.

Establishing paternity of a child born out of wedlock

Since Part 2 of Art.
48 of the Family Code of the Russian Federation stipulates that when a child is born to persons in an official relationship, the registration of the newborn is carried out on the basis of the parents’ marriage certificate; persons who do not have such a certificate face a more complex registration procedure. Also, for women who are not in an official relationship, it is possible not to include information about the father in the birth certificate and to assign their last name to the minor.

How to establish paternity if the marriage is not registered?

The most common problem of cohabitation is the reluctance of men to take part in the upbringing and financial support of joint children.
As a rule, this issue arises especially acutely after a breakup. As noted above, if a man does not doubt his paternity and wants to participate in raising the child, the necessary documents are drawn up immediately after the baby is born. If a man is not sure of his involvement in the birth, the prospective father can take a DNA test.

To do this, independent specialists use the father's genetic material: sperm, saliva or blood. When recognition of paternity has taken place (through the court or voluntarily), the father receives the same responsibilities and rights as the mother.

At the same time, he can take full part in raising the baby, communicate and see him. If the parents do not live together, during the paternity recognition procedure the order of communication between the baby and the father can be determined.

Expert opinion

Irina Vasilyeva

Civil law expert

The mother and other relatives cannot interfere with the court decision.

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Children born out of wedlock

Adoption of illegitimate children If paternity does not cause disputes, and both the father and mother agree with this fact, then the registry office accepts an application from these persons, on the basis of which paternity at birth is established.

What are children born out of wedlock called?

Illegitimate - I illegitimate, illegitimate decomposition. m. One who is born from parents who were not officially married. II illegitimate, illegitimate decomposition. adj. Born from parents who were not officially married. Explanatory dictionary ... Modern explanatory dictionary of the Russian language by Efremova

The Church guards morality

However, there was not always a hostile attitude towards illegitimate children in Rus'. It is known that Prince Vladimir “Red Sun” was “adopted” by Prince Svyatoslav Igorevich from the housekeeper Malusha. But this did not prevent Vladimir from becoming the Grand Duke of Kyiv, who left behind numerous offspring both from concubines and those born later in several church marriages. And all his children were considered a princely family.

But already in the 16th century, attitudes towards children born out of wedlock began to change, and the Russian Orthodox Church contributed greatly to this. While supporting marital cohabitation, sanctified by church blessing, the clergy strongly emphasized their lack of sympathy for the consequences of extramarital affairs, sometimes even refusing to baptize such babies. Illegitimate young men were considered tainted by the church and were not allowed to the priesthood. The same attitude was towards illegitimate girls, whom the young priests did not even consider as brides.

Under the influence of church sermons and in society, attitudes towards a person’s illegitimate origin gradually changed. Soon, throughout the entire territory of the Russian Empire, such children turned out to be “illegitimate,” even for their parents they often became alien, and in official documents they were even called “disgraceful.”

What Is A Child Born Out Of Wedlock Called?

Previously, such children everywhere did not enjoy the same rights and respect as those born in marriage. They were given the worst place; from childhood they had to hear insulting names and nicknames: bastard, wren, fucker, trick, etc. They were considered family only for their mother; the rest did not want to be related to them. In some places, rights could be restored through adoption or the marriage of their father and mother. [1]

illegitimate - Syn: illegitimate Ant: legitimate ... Thesaurus of Russian business vocabulary

Famous personalities (read more...)

The procedure for establishing paternity.

Let's look at this issue in more detail.

Who can file for paternity?

This can be done by the mother of the child.
Any of his legal representatives.
Representative of the guardianship service.
The child himself, when he turns 16 years old.

This is usually done if the legal father does not want to admit that he has something to do with the birth of the child.

A claim is filed, it is considered, and a DNA examination is carried out. Additional evidence includes conversation records, letters, and witness statements. Any evidence can be presented in court.

The court will order an examination that will help establish blood relationships. If the father of an illegitimate child refuses a DNA examination, his action is interpreted in favor of the plaintiff: in this case, it is an illegitimate child.

Therefore, if a man finds himself in a similar situation, and is really sure that he is not the blood father of the child, conducting an examination is in his interests.

Alimony for illegitimate children.

Since the law makes no difference whether a child is born in a marriage or not, alimony for an illegitimate child is the same as for children born in a marriage.

This means that the mother of a child can file for alimony even if the man is married to another woman and has children.

To file for child support, the father must be listed on the child's birth certificate.

Lawsuits are also filed on behalf of single mothers who want to protect the rights of their children.

The procedure will be standard: the blood father will be required to pay child support until he turns 18. But she will lose her status as a single mother.

What Is A Child Born Out Of Wedlock Called?

It all started with the fact that some people who submitted applications for official adoption were allowed by decree of the emperor to make changes to the metric birth record. The precedents that have occurred have given rise to a huge number of similar petitions.

What are children born out of wedlock called?

Children were not given a middle name; they wrote “Illegitimate”, “Nonmarital”, “illegitimate”. In some parishes the patronymic name “Bogdanovich” (God given) was indicated.

Legal status of illegitimate children in the 20th century (read more...)

What does "illegitimate child" mean?

Cohabitation between a man and a woman can be short-term or long-term.
During their time together, a couple usually has children. An illegitimate child is a baby born to a man and woman who are not in a legally registered marriage.

Quite often, men agree to register the child in their name - this is how information about the father appears on the birth certificate of their son or daughter. In fact, such a union is identical to a legal family: there is a father, a mother, a common life, and both parents are indicated in the deed record. The only difference is the lack of state registration of marriage.

However, often fathers categorically refuse to go to the registry office and acknowledge their paternity. Especially if the cohabitation was short-term, and the man does not intend to start a family with the mother of the newborn. Information about the father is usually entered into the birth certificate from the words of the mother - this is a simple formality in order to give the child a middle name.

If paternity is not established and the biological father dies, the child cannot inherit his property . However, this does not mean that there is no way out - the problem can be resolved through the courts. The mother will have to file a claim to establish paternity (posthumously). From time to time, such issues are resolved during the lifetime of the parent. For example, in order to subsequently or simultaneously collect child support. If there is a judicial act, the heir will be able to unhinderedly assume his rights.

Posthumous establishment of paternity

This happens if:

the parents were not married, but the father was ready to recognize the child at any time, participated in his upbringing, but did not have time to get to the registry office and submit a joint application with the mother. Then you need to be guided by Art. 50 RF IC;
the parent died before the child was born, or he had no intention of recognizing him at all. Then you need to be guided by Art. 49 RF IC.

In all cases, it is necessary to file a claim with the court. It must be drawn up in accordance with Art. 130 – 131 Code of Civil Procedure of the Russian Federation. It must be submitted to the court at the place of residence of the plaintiff - the child himself or his legal representative.

The claim must include the following information:

full name of the court to which the plaintiff is filing documents;
plaintiff's details;
all the facts of the birth of a child. Here you need to indicate under what circumstances the parents met, when the child was born, and the attitude of the deceased to this fact;
It is necessary to provide as much evidence of paternity as possible. For example, testimony of witnesses who can confirm the fact of cohabitation during the birth of the baby, photo and video materials, and other evidence;
if a genetic examination was carried out in advance, this will significantly speed up the process in court;
other circumstances that will help establish the truth in the case;
please establish the fact of paternity for the child to inherit. It is also necessary to state the requirement to change his patronymic and surname, to make changes to the archival record of the registry office;
a list of documents that the plaintiff attaches to the claim to confirm the stated facts;
date of application;
the applicant's signature, as well as a transcript.

What papers are needed?

It is necessary to attach copies of all documents that are directly related to establishing the truth. For example, if the applicant has a certificate from the antenatal clinic about determining the duration of pregnancy on a specific date, then a copy of it must also be attached. In addition, apply:

a copy of the claim itself for the representatives of the defendant;
a document confirming the birth of a potential heir;
a copy of the document confirming the death of the testator;
petitions to call witnesses or conduct a genetic examination;
other documents confirming the stated facts. For example, letters, joint photographs of “father/child”, which have a corresponding inscription, comments on social networks, etc.

A DNA test is the most accurate way to confirm the relationship between specific people. If it is not possible to prove paternity in another way, it is necessary to submit a petition to the court to conduct such an examination.

Genetic examination

To obtain the result, it is necessary to compare the biological material of the deceased with the material of the applicant for the inheritance. But, since the testator has died, you can make a fence from his closest relatives - parents or children. If a match is found, the court will determine that the deceased was the father of the declared child, and the latter has the right to claim his property. But, if the deceased had no immediate or other blood relatives, then exhumation must be carried out. To do this, you must submit a corresponding application. The judge will review it and decide on the need for this procedure.

Once a DNA test confirms a close relationship, an illegitimate child has the right to:

change your data, in particular your middle name and last name;
equal communication with other children and relatives of the deceased;
receive various social benefits related to the loss of a breadwinner;
claim inheritance.

While the process of establishing paternity is underway, other relatives cannot receive their shares in the property of the deceased.

What to do if the rights of a minor are violated?

Illegitimate children and their mothers sometimes face many problems. If a child has not reached the age of majority, then in any case he can count on the protection of the state. Each district (city) has a special service that deals with these issues. If you can’t solve the problem yourself, contact a specialist. Government employees are obliged to help completely free of charge. In addition, these people have both practical skills and special knowledge. It is their duty to explain how to act in a given situation, help with paperwork, and so on. Don’t let things take their course, protect the rights of your children, but wisely, so as not to get into even more trouble. Good luck!