What is the difference between the rights and obligations of children born out of wedlock and those whose parents are married? The topic still raises questions, especially for parents who are considering whether marriage may affect the legal status of their future offspring. What about alimony, inheritance and other important rights?
Historically, illegitimate children have often been perceived as inferior, which has been reflected in their legal status and in the language itself. Terms such as “lefty” or “panchart” carried a pejorative connotation and their position in society was often stigmatized. Similarly, unwed mothers, who were not regarded as virtuous women, were looked down upon. Children born out of wedlock were primarily dependent on the care of one parent, which had both economic and social consequences. Legislation on the equality of illegitimate and married children only began to be promoted during the 20th century, with strong support from international documents such as the 1975 European Convention on the Status of Children born out of wedlock.
Currently, the Czech legal system does not distinguish between illegitimate and married children. The Charter of Fundamental Rights and Freedoms directly states that ‘children born in and out of wedlock have equal rights’.
Today’s trend shows an increase in the number of children born out of wedlock, with approximately half of them being born. This reflects changes in family values and lifestyles. Although the State does not formally perceive children born out of wedlock as different, they may still be perceived differently in certain cultures and communities.
Do you believe that you are not the biological father of the child, even though the legal presumption of paternity is in your favour?
Or are you the mother of a child and need to protect the child’s interest in a dispute over the denial of paternity? We can help you assert your rights. Contact us from anywhere and online.
The general principle of equal rights naturally implies the right to the same amount of maintenance (if the same conditions apply), whether it is fixed for a child born in or out of wedlock. Every child is entitled to the same level of support from his or her parents, regardless of their marital status.
The father of the child is obliged to contribute to the child’s maintenance if his paternity is established. This brings us to perhaps the only difference between the legal status of married and illegitimate children. This lies in the process of establishing paternity. For children born in wedlock, the mother’s husband is automatically presumed to be the father.
In the case of children born out of wedlock, paternity is most often established by a consensual declaration by both parents or by a court decision based on evidence such as a DNA test. Once paternity has been established, the child is entitled to maintenance that reflects not only his or her needs but also the financial means of the parent.
So if expectant mothers are concerned about what will happen to their children if their father does not marry them, the answer is obvious. The child will not be disadvantaged either legally or practically. However, the maintenance obligation between the spouses, or divorced spouses, is eliminated.
Tip: The father who is considered the father under the law and who is registered in the civil registry always has the obligation of maintenance of the child, even if, for example, at the age of 10, the child is found not to be the biological father. The same applies in the case of inheritance.
All children have the same rights also with regard to inheritance from their parents, which corresponds to the principle of equality enshrined in the Civil Code. Children are classified in the first inheritance class and inherit equally regardless of their parents’ marital status.
A child born out of wedlock has the right to inherit if the parent is listed as father or mother on the child’s birth certificate. If a parent has made a will, the succession is primarily governed by the contents of the will, but illegitimate and married children are so-called non-nominal heirs. This means that they are always entitled to a compulsory share of the estate, which is three quarters of the legal share for minor children and one quarter for adult children.
It is sometimes the case that it is only at the time of the father’s death that the family discovers the existence of the illegitimate child whom he had hitherto concealed. However, the chances of establishing friendly family relations in a given situation are usually slim.
For parents of illegitimate children, it is crucial to ensure that the legal relationship between the child and both parents is properly regulated. The most important issue is the aforementioned question of establishing paternity. Without this step, the child has no legal right to maintenance or inheritance from the father.
It is also important to ensure that the parents cooperate in the care of the child. Although they are not married, they should agree on access to the child, his or her upbringing and the financing of his or her needs. However, the fact that the child is illegitimate does not necessarily mean that the parents do not form a household together. In such a case, no formal agreements are necessary. If, on the other hand, no agreement is possible, they can go to court, which will decide in the child’s best interests.
Tip: The mother of the child is the woman who gave birth to the child. There is no doubt about it. However, with fathers, the situation is more complicated. How is paternity determined in and out of marriage? You can find out in our article.
Children born out of wedlock have the same rights as children born in wedlock in the Czech Republic. The legal differences that in the past led to discrimination against children born out of wedlock have been abolished and the current legislation reflects the principle of equality. Children born out of wedlock are entitled to maintenance from both parents, have the right to inheritance in the first class of inheritance and are non-nominal heirs, just like children born out of wedlock. The marriage of the parents does not affect their legal status and therefore there is no need to marry to ensure the rights of the child. Only a proper establishment of paternity is essential to ensure equal legal relations between the child and the father. Despite legal equality, it is important that the parents of illegitimate children cooperate in their upbringing and care. Modern legislation thus ensures that children born out of wedlock have the same conditions and protection as children born into a full family, reflecting current demographic and social trends.
Do you believe that you are not the biological father of the child, even though the legal presumption of paternity is in your favour? Or are you the child’s mother and need to protect the child’s interest in a dispute over the denial of paternity? We can help you assert your rights.
Ondřej is the attorney who came up with the idea of providing legal services online. He's been earning his living through legal services for more than 10 years. He especially likes to help clients who may have given up hope in solving their legal issues at work, for example with real estate transfers or copyright licenses.
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