Today, according to statistics, the birth rate of children out of wedlock is just over twenty percent, and this figure is increasing annually. An illegitimate child is one who is born into the family, where the relationship of the parents is not formalized in the registry office.
Civil marriage
For modern Russia, families that are not registered with the registry office are a fairly common occurrence. From the point of view of the law, the so-called civil marriage is considered a simple cohabitation. But despite this, a legally illegitimate child has the same rights as a child born in wedlock. Next, we consider in more detail the question of what legal norms protect the interests of babies born out of wedlock, and also how to arrange 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 contains questions about the establishment of paternity, registration of a newborn, as well as about the circumstances under which a child and their parents may have mutual rights and obligations.
Establishment of paternity
The establishment of motherhood is based on documents that confirm the birth of the baby. But for a man to be officially recognized as the father of the child, he needs to go through the establishment of paternity. To do this, you must submit an application, together with the baby's mother, to the registry office. Without the participation of the mother, the father of the child can independently file 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 husband of his mother 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 him through a trial. Moreover, the mother of the minor will need to file a statement and provide evidence that this particular young man is the biological father of the crumbs. As a confirmation in such a situation, joint purchases, photographs, testimonies of witnesses and others can appear. If there is little evidence, the court may request a DNA examination.
If there are disputes about paternity, it can be established in a judicial proceeding on the basis of article 49 of the RF IC, and the mother or guardian has the right to submit an application. Basically in court, the fact of paternity is 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 wishes to receive child support. In addition, when paternity is established, it becomes possible to receive an inheritance both by will and by law.
Rights of a child out of wedlock
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 his parents, as well as to be brought up in the family of his biological parents. In addition, article 58 states that any minor (including a child born out of wedlock) is entitled to bear the name of his father. This article indicates that the baby out of wedlock is vested with a full range of rights. In addition, a minor has the right to receive full material support from his parents. It is worth noting that when paternity is formalized, the father has the obligation to pay child support outside the marriage. It is worth noting that the mother of illegitimate children is not legally entitled to receive alimony for her maintenance, but only for a minor.
Registration of illegitimate children
In our country, 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. In connection with the frequent changes in norms and rules, we recommend that you clarify the list of documents for registration of the baby on the official website of the registry office. As for women who are not married, for them information about the father of the child can be written down from their words. In the case when a man recognizes paternity, both parents must appear in the registry office with identity documents. In addition, for those mothers who are not officially married, it is possible not to provide information about the father in the birth certificate and assign the surname to the newborn. Subsequently, after the fact of paternity has been established, changes may be made to the register of entries regarding information about the father.
List of documents for registration
When a child is born, the parent needs to register him during the first month of life, so it is important to know how to arrange a child out of wedlock. To register the baby you will need the following package of documents:
- birth certificate issued at the hospital;
- passports of parents;
- registration application drawn up by the mother;
- a statement on the establishment of paternity, if the man recognizes himself as such.
It is worth noting that if a woman is not in a marriage, then the baby is given the name of the mother, and the middle name is written from her words or simply may be absent.
Child Support Size
It was previously noted: a child out of wedlock has absolutely the same rights as a baby born in an official marriage. In this regard, the amount of alimony is calculated in accordance with the general rules. The only difference is that the application for alimony payments can be carried out only when paternity is established. If you have an official father, there are two options for collecting child support outside of marriage:
- According to the court. Article 81 of the RF IC stipulates that 1/4 of the father’s income relies on one child, 1/3 on two children, and 1/2 if on children more than two.
- According to the agreement on the payment of alimony, which indicates the period of alimony obligations, the amount, responsibility for non-compliance with the conditions, as well as the transfer procedure.
In both cases, it is allowed to pay child support 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 court order, the amount of alimony can be increased or decreased. In such cases, the marital and material 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 determines the payments in hard cash. 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 educational institution on a full-time basis, the payment of alimony obligations is extended until twenty-three years are fulfilled.
Alimony for the mother of the baby
Article 89 of the UK states that the spouse is entitled to payments during pregnancy and in the next three years from the date of birth of their common child. The former spouse is also endowed with the same right. It follows 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 provide for herself and her baby, because at this time the baby requires constant care. So, to apply for the appointment of alimony, certain conditions must be met:
- A woman may be pregnant, or the age of the common child does not exceed three years.
- If the fact of paternity is established.
But it is worth noting that the payment of alimony to a woman is provided only if she really is in need of material assistance. The position of the man also influences the decision of the court, as he may be unemployed and unable to pay child support. The husband is obliged to pay maintenance obligations until the child is three years old. But if the mother’s crumbs change their financial situation for the better, associated with going to work or re-marriage, the former man may stop making payments.
In what cases can a court refuse?
The court may refuse to pay alimony benefits to the mother of the child in the following cases:
- If a woman is suspected of lying. There are times when the child’s mother deliberately hides her true income.
- With the use of alcohol and drugs.
- It also takes into account the fact that the cause of divorce was treason, drunkenness by the wife, etc.
- There are other circumstances that indicate the negative behavior of women.
Collection of alimony
The best option is an agreement concluded between parents, certified by a notary. This suggests that both parties were able to agree and have no complaints against each other. In the case when the parent ceases to pay the alimony prescribed in the agreement, it is enough to apply for a court order only 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 reach a peaceful agreement, then it is worth going to court. After which the writ of execution is transferred to the bailiffs. If the debtor refuses to voluntarily pay child support, the civil servant has the right to foreclose on his property.
Legal advice
Lawyers highlight several important aspects in this sensitive issue that need to be addressed:
- The child has the right to inherit property that is executed on the mother. A paternal inheritance can only pass if there is a fact of paternity.
- Out-of-wedlock children have the opportunity to receive child support benefits by court order or by court order.
- 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 the child out of wedlock a responsible person, the fact of paternity must be formalized.