What rights a child has outside marriage

Fortunately laws have changed a lot in the area of family law and it has done so in most civilized countries. It is well known that history has not been very fair with children born out of wedlock, to the point that the name used to refer to them, " illegitimate children ", already made clear the position taken by society and justice. In .com we tell you what rights a child out of wedlock currently has.

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What rights does a child have outside of marriage? The answer is clear, emphatic, concise and forceful: the same as any other child . No matter the nature of the bond, children born in or out of wedlock, in addition to adoptive children, have the same rights before the law. This is reflected in article 39 of the Spanish Constitution, which guarantees that all children are equal before the law, regardless of the filiation and marital status of the parent or parents.

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The point of discord resides rather in the need for the child to be legally recognized, in order to have all the rights and duties that grant him his status as a son. If the acknowledgment has been made by the motu proprio progenitor or progenitors, the descendant acquires ipso facto all the rights.

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In the event that a parent refuses to acknowledge paternity and there is a well-founded suspicion that the child is theirs, you can go to court to file a paternity suit, so that the judges are responsible for requesting as many proofs as possible. they believe pertinent (including the one of DNA), to determine the filiation between both people.

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Once determined that the offspring is the son of the defendant, it must exercise on his descendant all parental-subsidiary duties to which the law requires: parental authority, alimony, visitation, legal representation, care and protection. without any distinction with respect to other children you may have. Likewise, the child born out of wedlock will also benefit, under the same conditions as their siblings (if any), from the distribution of the inheritance. The breach of these obligations give rise to the crime of abandonment of family, typified in the Penal Code.

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Finally, it is useful to know that although we have a child outside of marriage, their recognition is as simple and simple as making their registration in the Civil Registry, to record their birth and the parent-child relationship. The same steps to be followed as with children born within the conjugal context.