Legal Status of Children Born Out of Wedlock
A child born out of wedlock is, as the term suggests, a child resulting from an unlawful relationship. Under Iranian law, the legal rights of a child born out of wedlock differ in certain respects from those of a legitimate child. The following sections examine the legal status and rights of such children.
Lineage and Civil Registration of Children Born Out of Wedlock
Do Children Born Out of Wedlock Inherit?
One of the most debated legal issues concerning children born out of wedlock is inheritance. Pursuant to Article 884 of the Civil Code, one of the legal impediments to inheritance is birth resulting from adultery, and accordingly, no inheritance is granted to a child born from such a relationship.
If the illegitimacy of the relationship is established for one parent but the other acted in ignorance or mistake, the child inherits only from the parent who lacked knowledge of the prohibition.
The reason for denying inheritance in general cases is that an unlawful relationship prevents the establishment of a lawful and legitimate lineage. Therefore, upon the death of the parents, the child does not inherit from them, and the estate is distributed among other heirs.
However, if the unlawful relationship arose from a mistake or misunderstanding on the part of one parent, the child is considered to have a lawful lineage with that parent and is entitled to inherit accordingly.
If both parties acted under a mistake, the relationship is not considered adultery, and the child is deemed legitimate, with lawful lineage and inheritance rights from both parents.
Issuance of Birth Certificate for Children Born Out of Wedlock
Under the laws and regulations of the Islamic Republic of Iran, the responsibility for obtaining a birth certificate for a child born out of wedlock lies with the natural father. If the parents’ identities are unknown, hypothetical names are assigned, and a birth certificate is issued accordingly.
If a lawful marital relationship existed between the parents but was not officially registered, the child’s birth certificate is issued in the presence of both parents. If the parents do not reach an agreement, the birth certificate is issued in the name of the parent who applies to the relevant authority.
Custody of Children Born Out of Wedlock
There is no legal distinction between the custody of a legitimate child and a child born out of wedlock. The responsibility for the child’s care rests with the parents. Although such a child does not have a lawful lineage with the parents, they are nonetheless responsible for the child’s care and upbringing, as they are the cause of the child’s birth.
This obligation is recognized by law, and failure to fulfill it may result in legal liability for damages caused by neglect. In general, custody rules are identical to those applicable to legitimate children. In the event of disagreement between the parents, custody remains with the mother until the child reaches the age of seven. Thereafter, custody is determined based on the child’s best interests.
Guardianship of a Child Born Out of Wedlock
Guardianship is a mandatory legal institution and constitutes a duty imposed upon the father and the paternal grandfather. This right and obligation cannot be waived or transferred to another person. Accordingly, even in the case of a child born out of wedlock, the father and paternal grandfather retain guardianship and legal authority over the child.
Maintenance of a Child Born Out of Wedlock
Maintenance refers to the expenses necessary to maintain a customary standard of living and constitutes a legal obligation imposed on the person responsible for payment. Under the law, the payment of maintenance is primarily the father’s duty and a legal consequence of guardianship. In this respect, there is no difference between a legitimate child and a child born out of wedlock.
The amount of maintenance is determined by a court-appointed expert based on the child’s needs and social circumstances. If the natural father is known, he is responsible for obtaining the birth certificate and paying maintenance. If the father is unable to fulfill this obligation, the responsibility transfers to the paternal grandfather.
If neither the father nor the paternal grandfather is known or able to provide maintenance, the obligation to support the child and obtain a birth certificate rests with the mother. Children born out of wedlock differ from legitimate children only with respect to rights and obligations arising from lineage and inheritance. In all other social and human aspects of life, they possess the same rights and responsibilities as other individuals.
Frequently Asked Questions Regarding the Legal Status of Children Born Out of Wedlock
A child born out of wedlock is a child born from a relationship outside a lawful and legally recognized marriage. Such children differ from legitimate children in certain legal rights and obligations.
Generally, they do not inherit from their parents. However, if the unlawful relationship occurred due to mistake or ignorance on the part of one parent, the child may inherit from that parent.
The natural father is responsible for obtaining the birth certificate. If parental identities are unknown, hypothetical names are assigned. In the event of a dispute, the certificate is issued in the name of the applicant.
Custody rules are the same as for legitimate children. In case of dispute, custody remains with the mother until the age of seven, after which it is determined based on the child’s best interests.
Guardianship remains with the father and the paternal grandfather and cannot be waived or transferred.
The father is primarily responsible for maintenance. If he is unable, the obligation devolves to the paternal grandfather; if neither is capable, the responsibility rests with the mother.
They differ only in matters related to lineage and inheritance. In all other social and legal aspects, they enjoy rights and obligations equal to those of legitimate children. What is a child born out of wedlock?
Do children born out of wedlock inherit from their parents?
How is a birth certificate issued for a child born out of wedlock?
Who has custody of a child born out of wedlock?
How does guardianship apply to a child born out of wedlock?
Who is responsible for paying maintenance?
In what respects do children born out of wedlock differ from legitimate children?
