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Each legitimate illegitimate or adopted preschooler is implied. What rights does an illegitimate child have?

Restricted position

Previously, everywhere such children did not enjoy the rights and respect on a par with those born in wedlock. They were assigned the worst place, they had to hear insulting names and nicknames from childhood: bastard, wren, fuck, vypratok, etc. adulthood at the slightest occasion on their part for trouble in strife, they were clearly reminded of their origin. They were considered relatives only for the mother, the rest did not want to be related to them. In some places, rights could be restored by adoption or by the entry of their father and mother into legal marriage.

Some local concepts

  • Pupil (pupil) - this is how illegitimate children of nobles were called in Russia.
  • Bastards - in Western Europe in the Middle Ages - illegitimate children sovereign person (king, duke, etc.). Illegitimate children of nobles received, as a rule, a crossed-out parental coat of arms.
  • "Skolotnye" children - in Pomorie XIX - early XX century - children born premaritally.
  • Mamzers - according to Jewish tradition, a mamzer / mamzeret is a child born to married woman as a result of adultery. This word is often mistranslated as illegitimate/illegitimate. In fact, "illegitimate" means "born out of wedlock." The practical significance of this status lies in the fact that according to Halacha (and in the state of Israel this is the only possibility), mamzers can only marry the same mamzers. A similar status is also given to the children of mamzers, and thus it is passed on to subsequent generations. Rabbinical courts do not initiate detailed identification of a person's origins and try to avoid declaring anyone a mamzer, however, if the husband of the woman who gave birth denies paternity, there is a chance that the child will be recorded as "mamzer/et" or "presumably mamzer/et" and fall into the general Israeli a list of persons whose marriage may become impossible (“meukavey nisuin”). As a rule, the status is established not at the time of childbirth, but with the onset of the mother's pregnancy.
  • parthenia - the estate of the descendants of children born to Spartans from helots, during the Messenian wars, had truncated civil rights, and were poor even by Spartan standards (the estate ceased to exist after an attempted coup d'etat, when, due to their large number, instead of being executed, they were simply resettled outside Sparta)
  • mofaki - non-gomei (not full citizens) who were educated in the ageia, among which, in addition to the children of non-citizens (and sometimes helots), were also illegitimate
  • chungin - the estate of the descendants of the children of the concubines of nobles in medieval Korea (despite their legality, they were more despised and less full-fledged than the illegitimate children of European nobles, although they had a higher position than commoners)

Famous personalities

Vasily Andreevich Zhukovsky

Notes

Wikimedia Foundation. 2010 .

Synonyms:

See what "Illegitimate" is in other dictionaries:

    Illegitimate… Spelling Dictionary

    Extramarital, foraging, collateral, illegal, mamzer, stray, stray. Ant. legitimate Dictionary of Russian synonyms. illegitimate, see illegitimate 1 Dictionary of synonyms of the Russian language. Practical guide. M .: Russian I ... Synonym dictionary

    I illegitimate, illegitimate born coll. m. One who is born from parents who were not members of official marriage. II illegitimate, illegitimate born coll. adj. Born of unmarried parents. Dictionary … Modern Dictionary Russian language Efremova

    A child born to unmarried parents; same as bastard. (Source: Dictionary of Sexual Terms) … Sexological Encyclopedia

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

    illegitimate (colloquial) illegitimate, oh, oh. Razg. Born of unmarried parents (opposite: legitimate). N. child. ◁ Illegitimate, wow; m. Illegitimate, oh; and … encyclopedic Dictionary

    illegitimate- oh, oh .; colloquial; see illegitimate... Dictionary of many expressions

    Soundtrack to the non-existent film by Butusov and Kasparyan Release date 1997 Recorded 1997 Genre (((Genre))) Duration ... Wikipedia

    Feathered Serpent ... Wikipedia

Books

  • Illegitimate. Embassy to the underworld, Vladimir Vyacheslavovich Mikulsky. 5, 5 thousand years ago in Mesopotamia, in the developing city of Kadingir, a military coup takes place and the high priest seizes power. The city receives a new name Babylon. The king of Akkad...

Have you ever wondered what, besides popularity, Marilyn Monroe and Fidel Castro might have in common? It turns out that each of them is an illegitimate child! In past centuries, this was a stigma. Illegitimate children, according to the inhabitants, are prone to crime, are not so talented and law-abiding. With the development of society, this injustice has sunk into oblivion. No one now pokes the fact of illegitimate birth in the eyes of a mother or a child. Have changed and legal framework child's relationship with parents. Let's discuss them.

What is an illegitimate child?

First, let's define the concepts. In jurisprudence, everything must be accurately recorded, verified to the micron. An illegitimate child is a child whose parents did not enter into a contract at the time of his birth. Today, such children enjoy the same rights as ordinary children, so to speak, born in a complete family. In most countries, the law protects all children. However, here a problem immediately arises. With the matter of the offspring, as a rule, everything is clear. It is she who gives birth to a child. But paternity still has to be proven. Not every man wants to recognize children. This, of course, is shameless on their part, but the circumstances are different, in some cases people can even be understood. An illegitimate child is not to blame that his parents do not want to communicate or even consider him their own. The baby needs care and support, including material. And if the state gave the moral problems at the mercy of society, then it takes care of the financial ones itself.

How to prove paternity

There are two options that have a fundamental difference. The first occurs with the consent of the parents. Together they submit an application to the registry office, on the basis of which the names are entered in the birth document. It is proof that the child has a father. Illegitimate children who are abandoned by men, as well as their mothers or guardians, have the opportunity to prove their existence through the courts. The procedure is rather unpleasant morally, but necessary. Both the illegitimate child and the person who takes care of him have the right to apply to the judicial authority. Any arguments are accepted as evidence - letters, video and audio recordings of meetings and conversations, testimonies. The most responsible and difficult to refute factor is the genetic examination. The court considers paternity cases even when the man has already died. This mainly applies to cases of inheritance of property. By the way, genetic examination can also be carried out after the death of a person. The material for it is taken from the personal belongings of the deceased. But you will have to get the consent of other relatives.

Alimony

A child needs the support of both parents from the moment of birth. Many women are faced with the fact that a man does not want to give money, shirks his duties. However, the law strictly stipulates that fathers whose illegitimate children live with their mother (guardian) are obliged to pay part of the income in their favor. Unfortunately, it is often possible to bring a man to justice only in judicial order. A woman must first establish the fact of paternity (see above). Only then can you apply to the court for the recovery of alimony. In practice, the decision to transfer part of the income also does not help much. The court ruling concerns only the official salary, and it does not always correspond to the real one. It is rather difficult and troublesome to prove that the father has other incomes, but it is possible. By the way, an illegitimate child must be provided by both parents. If the baby lives with a guardian, then the mother also pays child support. This happens, for example, when a woman is deprived parental rights.

Illegitimate child: inheritance

Property left by a deceased relative is subject to division. People often do not think about the future, so they get into trouble. For example, a husband's illegitimate child may well claim part of the property if the man did not take care of the will. Another thing is when such a document is signed by him. The rights of other heirs are then not taken into account, except for the mandatory ones. So, it is impossible to refuse to allocate part of the inheritance minor child regardless of the circumstances of its birth. It is recommended to ask if the spouses have illegitimate offspring. The same rights apply to persons with disabilities social pension. The same is true of the law when we are talking about what the wife's illegitimate child can sue from other relatives. Children are birth factors are not taken into account.

Practical difficulties

Often women try to prove paternity in order to receive alimony from a man. They try to do everything so that an illegitimate child whose rights are violated is protected. In practice, they sometimes get more problems than help. So, a man whose paternity is proven acquires not only duties, but also the same rights as the official parent. He is obliged to pay, which he does, for example, by a court decision. But he gives only a small fraction of the income. Moreover, he is still trying to take revenge on a woman. And he has such an opportunity. To travel with a baby abroad, you need the permission of the father. And for a signature on a document, some unscrupulous men require payment, others simply refuse to draw it up. Moms should think carefully about whether to contact a person who does not want to recognize the child. After all, in addition to money, the baby needs warmth and affection. And if the "father" begins to wag the mother's nerves, then she will not be able to give the offspring as much love as necessary for normal development. The question only seems philosophical, but in fact it is of great practical importance, at least for the baby.

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

Illegitimate children and their mothers sometimes face many problems. If the 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 dealing with these issues. You can not solve the problem yourself - contact a specialist. Civil servants are obliged to help absolutely free of charge. In addition, these people have both practical skills and special knowledge. Their duty is to explain how to act in a given situation, help with paperwork, and so on. Do not let things take their course, protect the rights of your children, but wisely so as not to get even more trouble. Good luck!

Introduction

The relevance of the study this issue is that the legal status of illegitimate children has practically not been studied in our legal science. The author did not find any specialized work on this topic. No the same firm definitions according to the concepts of an illegitimate and illegitimate child.

Most civil lawyers who study family relations consider deprivation of parental rights as the basis for terminating parental relations. Parents are deprived, first of all, of the right to raise children with all the powers associated with it: to determine the place of residence of the child, to decide on the issue of his education, to communicate with him, to be a representative of his interests. Deprivation of parental rights - a sanction for the wrong behavior of parents in relation to children, aimed at protecting the interests of children and re-educating parents.

This problem is complex in nature, and it can be conditionally divided into four groups: terminological problems; legislative problems; undeveloped documentation; lack of norms of substantive (paternal) law.

The main purpose of the course work is to study the institution of an illegitimate child in Russian law.

The object of this study is an illegitimate child.

The subject of the study is legal status illegitimate child.

The main objectives of the course work are: the legislative framework establishing the origin of children, the history of the development of legislation, experience foreign countries, the legal framework for establishing the origin of children, the legal basis for establishing motherhood, establishing motherhood in court, establishing paternity in a voluntary and judicial manner, as well as in the application of human reproduction methods and identifying gaps and problems legal regulation artificial insemination.

This course work consists of 2 chapters, introduction, conclusion and list of references.

Theoretical aspects of illegitimate children

The concept of illegitimate child and illegitimate child

As such, there is no firm concept of "illegitimate" in the legislation. In general, any child is in any case legitimate. That is why it would be more correct to use the term "illegitimate". Legally it is more correct.

As illegitimate or illegitimate (born out of wedlock) children, our law considers:

Children not born in a registered marriage;

Children born after the death of the husband or on the recognition of the marriage as invalid before the child's birthday.

That is, an illegitimate or illegitimate child is an expression that is used to describe a person whose parents were not legally married at the time of his birth. From the day of the death of the husband, or the dissolution of the marriage, to the day of the birth of a child recognized as illegitimate, no less than 306 days must pass. The calculation of the period of 306 days should be made from the day of the death of the husband or the day of the dissolution of the marriage, and not from the day of the separation of the spouses.

On this moment Russian legislation does not divide children into legitimate and illegitimate, all children have the same rights and obligations. The only place where the term extramarital is used is in the matter of establishing paternity.

An illegitimate child, if he was not given a patronymic when making a metrical entry, is named according to the name of his sponsor, i.e. the name of the recipient becomes the patronymic of the illegitimate. An illegitimate child is called by a surname identical with the patronymic, but if the mother and father of this mother so desires, if, of course, he is still alive, the child may be called by the surname of the mother, who belongs to her by birth.

The father of this illegitimate child is obliged, in accordance with his property and the social status of the mother of the child, to bear the costs of his maintenance, if the child and his mother need it. These pecuniary obligations do not cease on the part of the father until the child comes of age. The mother of the child also participates in the costs of raising her child and also in accordance with her property resources, which are taken into account by the court when determining the amount that the father of the child must give out for his upbringing. If the mother of the child demands from his father the extradition of the maintenance of the child for the past time, then the father is obliged to reimburse her for the expenses incurred on this subject, but not more than a year has elapsed before the day on which this demand was presented to him by the mother.

The extradition to the mother of an illegitimate child for his maintenance of certain funds from the pocket of the father of the child does not exclude his obligation to help the mother if caring for the child deprives the mother of the opportunity to earn a livelihood for herself. To this is added the obligation of the father of an illegitimate child, in case of insufficient funds for his mother, to pay necessary expenses caused by her release from pregnancy, as well as to provide her with vital maintenance until the very moment of her recovery. If the father of the child has not fulfilled this legal obligation, then the mother of his child may demand from him in court, but the law in this case establishes certain period for filing a claim - no more than a year from the date of permission from the burden.

RUSSIAN ORTHODOX CHURCH MOSCOW PATRIARCHATE Orthodox churches Dubnensko-Taldomsky deaneryList of churches of the deaneryBolshoy Semenovskoye, Church of the Epiphany Verbilki, Church of St. Alexander Nevsky Veretyevo, Church of George the VictoriousGlebovo, Church of the Theophany of the Lord Gusenki, Church of the Holy Myrrh-bearing WomenDubna, Church of the Great Martyr PanteleimonDubna, Church of All Saints, in the Russian Land ResplendentDubna, Church of the Praise of the Most Holy TheotokosDubna, Temple Nativity of John the BaptistDubna, Church of the Smolensk Icon of the Mother of GodZaprudnya, Church of the Transfiguration of the LordZyatkovo, Church of St.

What was the name of children born out of wedlock in Rus'?

Society now doesn’t care (unfortunately?), but what about the higher powers? It is clear that any person will be rewarded according to his deeds, but our whole life consists of nuances and omissions, which ultimately form the overall picture of both life and death. You listen to the grandmothers in the temple, and the whole life can really seem like a confusion of nuances and omissions.

However, what is from God brings simplicity and clarity to the soul. The Lord is not a source of evil, and does not punish anyone, and even more so children who are not to blame for the sins of their parents.

The sins of parents can greatly complicate or even cripple the life of their children on earth, and in this sense it can be said that children suffer because of them. But the Lord does not judge children for the sins of their parents, and even vice versa - to whom less is given, the demand will be corresponding (Luke 12:48).

I already wrote to you about this.

Bastard

Attention

But in reality, children do not receive, perhaps, the main thing that is necessary in childhood: the experience of trust, warmth and love in the family. And it is especially bad for children, who at the same time feel the inferiority of their position.


For example, dad has another family, which for some reason is real, he lives in it and brings up other children, and he only comes to visit me. Or one of the parents, or even both, the child does not have at all. It must be said that the Church recognizes every legal marriage, both married and not married.

Important

It goes without saying that it would be strange for two believers to marry and not get married. This would indicate that in fact they are outside the church. In this sense, avoiding a wedding is a sin.


When a person comes to faith and repents of his past life outside the Church, he can also repent of entering into marriage without a wedding, as a consequence of unbelief and denial of the Church.

Illegitimate

The eternal reproaches and beatings of her husband, the ridicule of her family and neighbors, if they do not bring her to the grave prematurely, then they will give little consolation in her difficult life. And an innocent child with curses will be born into the world of God.


He does not love anyone from his family, and even they make him feel that he represents something special from the rest of the children. Local authorities also constantly added fuel to the fire: when registering soldiers' children, the dates of the husband's stay at home or the dates of the woman's trip to her husband in the army were very carefully verified.

Most of the soldiers' children were recognized as illegitimate, and the names of their fathers were not even indicated. Surnames and patronymics were most often given according to the godfather.

In addition, "landlord harems" existed in Russia for a long time.

Therefore, we can only talk about the sins of the parents. Here, indeed, one can definitely say that extramarital cohabitation is a sin. Sin not only separates a person from God, but destroys his life. IN this case it certainly affects children who are the fruit of illegal cohabitation.

Of course, a child, from his very conception, being in an atmosphere of sin and the illegality of the life in which he lives (both from the point of view of the law of God, and sometimes in relation to civil laws) can feel as if he is outside normal society. Deprived of a real family, he misses a lot in childhood and often feels his inferiority.
IN modern world this, however, is not so noticeable, because the majority of children are brought up in broken and incomplete families.

How life was in Rus' for children born out of wedlock

After all, most marriages in Russia (even if we leave the rest of the world aside) have remained unmarried for more than eighty years. An attempt to argue about this with modern women, and try to prove to them that they are all harlots and their children are bastards, looks simple like a bad joke. Christian preaching cannot, in general, consist in condemning and proving.

It can only consist in the evidence of our good life (Mat. 5:16). By correcting your life exactly according to the commandments of God, you will rejoice the Angels of God in heaven (Luke 15:10), and bring great good not only to yourself, but also to those people who surround you.

Perhaps even some modern women will soften their hearts when they see with their own eyes family happiness which brings life in the commandments of God, blessed in the sacraments of the Church.

What rights does a child born out of wedlock have?

So in this case, when a child was born, so to speak, not according to the law, out of wedlock, then his mother was subjected to universal contempt, and then everything passed on to the child who was born. Very widely in Russia, before the revolution, the word illegitimate was used. If we take historical times, then the following concepts were applied

  • Parthenia
  • chongying
  • term mamzer
  • Bastards

in Western Europe in the Middle Ages, illegitimate children of a sovereign person (king, duke, etc.)
d.). Illegitimate children of nobles received, as a rule, the parent coat of arms crossed with a band on the left.

Children in a civil marriage

Explain, please, the attitude of the church to the concept of a bastard (bastard). Is such a child born without a wedding, or at least a painting of the mother and father in the registry office is enough? I can't prove on my own to some modern women that civil marriage- it is a sin! And what does the Holy Scripture say about this?

The Church treats all children equally. The sin of children in that they were born out of wedlock does not exist. Therefore, we can only talk about the sins of the parents. Here, indeed, we can definitely say that extramarital cohabitation is a sin.

Sin not only separates a person from God, but destroys his life. In this case, of course, it also affects children who are the fruit of illegal cohabitation. Of course, a child, from his very conception, being in an atmosphere of sin and the illegality of the life in which he lives (both from the point of view of the law of God, and sometimes in relation to civil laws) can feel as if he is outside normal society. Deprived of a real family, he misses a lot in childhood and often feels his inferiority. True, this is not so noticeable in the modern world, because the majority of children are brought up in broken and incomplete families. But in reality, children do not receive, perhaps, the main thing that is necessary in childhood: the experience of trust, warmth and love in the family. And it is especially bad for children, who at the same time feel the inferiority of their position. For example, dad has another family, which for some reason is real, he lives in it and brings up other children, and he only comes to visit me. Or one of the parents, or even both, the child does not have at all.

It must be said that the Church recognizes every legal marriage, both married and unmarried. It goes without saying that it would be strange for two believers to marry and not get married. This would indicate that in fact they are outside the church. In this sense, avoiding a wedding is a sin. When a person comes to faith and repents of his past life outside the Church, he can also repent of entering into marriage without a wedding, as a consequence of unbelief and denial of the Church. But it does not follow from this that his marriage suddenly became not real. It happens that one of the spouses comes to faith, while the other remains in unbelief, but this does not mean that the believing spouse should dissolve the marriage. Look at the first letter of the apostle Paul to the Corinthians, chapter seven, verses 12-16. This is what the Scripture says about it.

The idea of ​​equating a legal, though unmarried marriage with fornication does not come from Holy Scripture and the teachings of the Church, but out of our monstrous pride and malice. One must strongly hate people, and consider oneself entitled to judge them, in order to declare the entire population of the country fornicators, and children as bastards. After all, the majority of marriages in Russia (even if we leave the rest of the world aside) have remained unmarried for more than eighty years.

Trying to argue about this with modern women, and trying to prove to them that they are all harlots, and their children are bastards, just looks like a bad joke. Christian preaching cannot, in general, consist in condemning and proving. It can only consist in the evidence of our good life (Mat. 5:16). By correcting your life exactly according to the commandments of God, you will rejoice the Angels of God in heaven (Luke 15:10), and bring great good not only to yourself, but also to those people who surround you. Perhaps even some modern women will soften their hearts when they see with their own eyes the family happiness that life brings in the commandments of God, blessed in the sacraments of the Church. Although I would advise you especially much about modern women not to think, because it does not bring any benefit to the soul.

Born in sin

Is there any burden of responsibility before the Lord of the children themselves in this life, in the afterlife, for the fact that the parents were not married. This worries me more. Children are not to blame that their parents did not bother to accept (consciously or not) the Christian way of life. Will such a child, even though he is a bastard, be treated the same way as one born in marriage, precisely from other forces - both light and dark, by the way, too? Otherwise, as grandmothers in churches say, parents are in sin, and children will suffer all their lives both There and here. Society now doesn’t care (unfortunately?), but what about the higher powers? It is clear that any person will be rewarded according to his deeds, but our whole life consists of nuances and omissions, which ultimately form the overall picture of both life and death.

You listen to the grandmothers in the temple, and the whole life can really seem like a confusion of nuances and omissions. However, what is from God brings simplicity and clarity to the soul. The Lord is not a source of evil, and does not punish anyone, and even more so children who are not to blame for the sins of their parents. The sins of parents can greatly complicate or even cripple the life of their children on earth, and in this sense it can be said that children suffer because of them. But the Lord does not judge children for the sins of their parents, and even vice versa - to whom less is given, the demand will be corresponding (Luke 12:48). I already wrote to you about this. You argue somewhat strangely: they say, I understand that the children are not to blame, and I pity them, but does the Lord understand this, and will he not punish them in vain? These fears are completely unfounded, for God has immeasurably more understanding and love than we humans have. He Himself is love (1 John 4:8). May the Lord help us all to believe in this love, and not to embarrass our hearts in any way.