Who has custody of an illegitimate child?
Who has custody of an illegitimate child : In previous articles, we have mentioned the importance of custody as one of the main responsibilities of parents towards their children. Custody means taking care of children and this care includes physical and emotional aspects. It should be noted that from a legal point of view, custody is considered one of the fundamental rights of parents and is demanded from parents as a duty. But in this article, we examine the custody of illegitimate children and its legal consequences according to Iranian laws.
Before we start discussing the custody of illegitimate children, let’s look at the crime of illegitimate once more. According to Article 632 of the Islamic Penal Code, the illicit relationship between a man and a woman is defined as follows:
“When a man and a woman who are not married engage in actions such as kissing (taqbeel) and intercourse (mujajah) or an act that shows the negation of the parties’ chastity, they will be sentenced to lashing up to 99 lashes. If this illicit relationship is accompanied by reluctance, only the reluctant person will be punished.”
illegitimate child
In the discussion of illegitimate child custody, the term “illegitimate child” refers to children who are born out of wedlock from adulterous relationships and illicit relationships. These children are sometimes known as “adulterous children” or “illegitimate children”. The relationship, which is very ironic based on the laws of Sharia and Islam, has been condemned and criticized by various verses of the Holy Quran. More information about this issue in Islamic legislation in our country also emphasizes the unforgivability and recognition of this act as a major sin.
Custody of an illegitimate child
Article 1167 of the Iranian Civil Code regarding the custody of an illegitimate child states that a child born from adultery is not attributed to an adulterer. This principle means that this child does not benefit from the legal rights of a legitimate child. But the point in this context is that the Supreme Court has issued a unanimous decision on this issue in recent years. This unanimous decision, which is like a valid law, states that there is no difference between a legitimate child and an illegitimate child in terms of rights and duties. This unanimous opinion claims that in this context, only the relation of inheritance or inheritance between the illegitimate child and his parents will be deviated.
Therefore, illegitimate parents have the right and duty of custody of their illegitimate child. They are also required to pay alimony for him and get a birth certificate for him. These cases will be discussed further. Wait for the next content.
Guarantee of enforcement of custody of illegitimate child in law
Regarding the question about the legal guarantee for the custody of an illegitimate child, it should be mentioned that according to Article 54 of the Family Protection Law, the person who is responsible for the custody of the child is obliged to fulfill his legal duties. Then it is announced that in case of non-obligation, the responsible person will be sentenced to pay a monetary fine of the eighth degree.
Legal effects of illegitimate child custody
In every aspect of life, actions and duties have legal effects that are defined based on the regulations and laws of the country. Custody of an illegitimate child also has its effects and dimensions as a legal issue, which we want to examine further. Thank you for your presence in this content.
Alimony in the custody of an illegitimate child
One of the basic responsibilities of the father towards each child is to pay alimony. This duty also shows its effect in the custody of an illegitimate child. Here we must remind that in this situation, the mother is not responsible for paying alimony. This point is very important, because even if the child’s father is not able to provide for his basic needs, this duty will be on the serious father of the illegitimate child.
Inheritance in the custody of an illegitimate child
In this matter, inheritance is considered as one of the basic questions regarding the custody of an illegitimate child. In other words, this question is very important from the legal point of view. Because there is no relative Sharia relationship between the parents of an illegitimate child, there is no inheritance between them. Therefore, it cannot be said that an illegitimate child inherits from his parents as heirs or vice versa.