Illegitimate child: rights, inheritance, alimony

With the change in traditions in society, being illegitimate no longer causes universal condemnation. But whether illegitimate children, according to Russian laws, have the right to the inheritance of their mother or father - this issue should be sorted out.

Illegitimate child and inheritance law

A child born to spouses who have not officially registered their marriage is called illegitimate.

According to the provisions of domestic regulations, children are not impaired in their rights and responsibilities, depending on the legality of birth. Inheritance law is no exception.

Rights of an illegitimate child

1. Family (FK);
2. Civil (GK).

Article 53 of the Family Code equalizes the rights of minors, regardless of the circumstances of their birth, and Chapter 11 of this document states that all of them have the right:

• to be brought up and grow in a family;
• communicate with mother and father;
• receive the necessary protection;
• supported financially and morally by both parents;
• express a point of view regarding family decision-making;
• be endowed with a surname, name and patronymic, personal property.

Inheritance law is an integral part of the legal interests of a minor, even if he was born and raised separately from his parents.

Article 53 of the Family Code of the Russian Federation “Rights and obligations of children born from unmarried persons”

Inheritance rights of illegitimate children

According to Art. 1142 of the Civil Code, when distributing property, children are the first-priority candidates, in addition to the mother, father and spouses; the following are not taken into account:

• circumstances of legitimacy;
• fact of biological relationship or adoption;
• age characteristics;
• separate or joint residence with the testator.

Article 1142 of the Civil Code of the Russian Federation “Heirs of the first stage”

General provisions

Domestic legislation provides for two ways to enter into inheritance of property:

The specifics of the inheritance rights of illegitimate children depend on the presence of a will.

Is it possible to claim an inheritance for a child born out of wedlock?

If the will of the deceased is absent, an illegitimate applicant can enter into inheritance rights by proving the fact of biological relationship after submitting to a notary:

• birth certificates;
• documentary evidence of adoption;
• a court decision based on the results of a biological examination, witness testimony and other legally recognized evidence of relationship with the deceased.

How to confirm paternity in order to receive an inheritance?

Confirmation of paternity is regulated by Art. 49, 50 IC RF and is achieved:

• voluntarily - through the registry office;
• forcibly - by court decision.

Read also: Who pays the loan after the death of the borrower

• The statement of claim is submitted by the immediate claimant or his mother.
• Article 49 of the Family Code of the Russian Federation “Establishment of paternity in court”
• Article 50 of the Family Code of the Russian Federation “Establishment by the court of the fact of recognition of paternity”

Registration through the registry office

In case of voluntary recognition of the child, the mother and father submit an application to the government agency in the prescribed form No. 12.

It is accompanied by:

• applicants' passports;
• certificate from the maternity hospital;
• birth certificate;
• receipt of payment of the state fee.

If the mother died earlier, lost her parental rights or disappeared without a trace, the father is allowed to apply with the additional provision of documentary evidence of consent to adoption.

Download the application form 12

Through judicial review

When the applicant for an inheritance reaches the age of majority, he has the right to file a claim independently. Otherwise, this is done by the child’s guardians, trustees or keepers.

Download the statement of claim to establish paternity

Arguments

The court is obliged to take into account any of the presented evidentiary documents obtained without violating the law:

• results of genetic studies;
• personal records (including email correspondence);
• Confirmation of paternity recorded by the parent on social networks - photographs, representations, etc.;
• audio recordings of telephone conversations;
• witness statements confirming the cohabitation of mother and father;
• evidence of the deceased’s financial care for the baby in the form of payment documents for the purchase of toys, clothes, etc.

The listed evidentiary materials have varying degrees of weight and are considered by the court taking into account the complex of documents presented.

Inheritance procedure for illegitimate children in the presence of a will

• legitimate descendants, with the exception of those born out of wedlock;
• in the reverse order - only illegitimate, bypassing the legitimate ones;
• in equal shares among everyone.

If the will is drawn up incorrectly, the document may be challenged in court.

Mandatory part

It is not allowed to disinherit illegitimate children from among the obligatory claimants at the time of the death of the testator:

• under the age of majority;
• disabled people (disabled people of the first - third groups);
• students of educational institutions, aged from eighteen to twenty-three years.

The amount of the obligatory share of the inheritance is half of what is required by law.

Inheritance: rights of illegitimate minors

In order to claim inherited property, children born out of wedlock must prove this fact in court if the father deliberately denies it.

Evidence of paternity

This is done in accordance with the judicial procedure described above. The claim is sent to the applicant's registered address.

Procedure for inheriting an illegitimate child

When the testator dies, those claiming the inherited property must submit their respective claims before the expiration of six months from the date of death. The application is sent to the state notary's office with a package of documents attached, which can be obtained directly from the notary.

Read also: Recognition as missing

If the filing of claims is late, the inheritance right of the illegitimate applicant is lost. The only way to obtain an extension of the six-month period is to provide valid evidence explaining the reason for the delay.

Inheritance rights of illegitimate children under a will

Mandatory share of parents' property for illegitimate offspring

The factor of the “obligatory share” should be taken into account - if the illegitimate heir at the time of the father’s death has not reached the age of majority or is incapacitated, even refusal of the will does not provide grounds to deprive him of part of the inherited property. Its value is calculated as half of the property assigned to the heir, regardless of the presence of a testamentary document.

The nuances of inheriting property by an illegitimate applicant under 18 years of age

A parent of an illegitimate child must take into account the following features in relation to issues of inheritance of property of a deceased spouse:

• there are no differences in the procedure for distributing inheritance between children born out of wedlock and during the period of officially registered marriage;
• if a minor is deprived of a share according to the will of a parent, he is entitled to a mandatory share;
• up to fourteen years of age, instead of a child, an application for inheritance is submitted by a parent or legal representative; after achieving partial legal capacity, the candidate is allowed to apply independently, with the consent of the guardians;
• in case of abandonment of property, if it is contrary to the interests of the minor due to the debts of the deceased parent or other circumstances, it is necessary to obtain the approval of the guardianship authorities.

Posthumous confirmation of paternity

The need for this action arises in the following situations:

• the marriage was not registered, but the parent participated in the life and upbringing of his son (daughter), but, due to his unexpected death, was unable to complete the documents at the registry office - Art. 50 SK;
• the death of the father occurred before the birth of the baby, or the parent’s intention was not to become a legal parent - Art. 49 SK.

Confirmation of the fact of paternity in both cases is carried out in court. The claim is sent in accordance with Art. 130-131 Code of Civil Procedure of the Russian Federation at the applicant’s registration address.

Article 130 of the Civil Procedure Code of the Russian Federation “Issue of a court order to the claimant”

Article 131 of the Civil Procedure Code of the Russian Federation “Form and content of the statement of claim”

Required Documentation

• a certificate from a medical institution confirming the timing of pregnancy and the onset of childbirth;
• the applicant's birth certificate;
• a photocopy of the document on the death of his parent;
• a written request to interview eyewitnesses or conduct research on genetic material.

Genetic research

In the event of the death of a parent, material from the deceased’s immediate family is accepted for genetic research. But in their absence, exhumation is allowed in order to obtain genetic material for examination. However, this measure requires the consent of the judge, issued when considering the submitted petition.

Read also: Refusal of inheritance in favor of another

So, to conclude what has been discussed, is it possible to disinherit an illegitimate child:

• illegitimate children have the right to claim inheritance along with legitimate ones;
• Only the parent himself can deprive an illegitimate heir of this right, with an unambiguous interpretation in the drawn up will.

Source: https://zakonoved.su/nasledstvo-vnebrachnyh-detej-pravila.html

Illegitimate child: rights, inheritance, alimony

You often hear a term that hurts your ears:
illegitimate child.
Another wording is even worse: illegitimate. The rights of illegitimate children are protected by law, and there is no big difference here. But there are nuances that are worth knowing about.

Inheritance for an illegitimate child

To begin with, it is worth saying that illegitimate children and children born in marriage have equal rights. It is not the child's fault that the parents were not married at the time of his birth.

And both parents have equal responsibilities to the child. This includes education, financial support, and child care. This rule is clearly stated in Article 52 of the Family Code of the Russian Federation.

In terms of inheritance, illegitimate children have all the same rights as legal heirs. If the child is not recognized, if the father did not know about the existence of his child, this does not matter.

For fathers who refuse to recognize their children, there is a procedure to establish paternity. It is carried out in court.

You can voluntarily enter your child into your passport through the registry office. To do this, the mother and father must write an application and submit their data.

Changes will be made to the child’s birth certificate, or his passport, or to the parent’s passport.

Article 1142 of the Civil Code regulates the inheritance rights of legal relatives. First of all, these are children, parents, legal spouse.

However, the law does not contain any clarifications about the status of children. The law protects the right to inheritance of a child born out of wedlock.

Children born out of wedlock receive the same share of their parents' wealth as children born into marriage.

Download a sample will naming an heir. [12.31 KB]

Acknowledgment of paternity: outside of marriage, through court, voluntarily.

Wills and illegitimate children

If the will is drawn up in advance, the father can disinherit his children: both illegitimate and legitimate.

If the application does not contain any inaccuracies, the inheritance will be divided in accordance with the wishes of its originator.

Important! There are subtleties here that you need to know about. A father can disinherit his children. But if at the time of death he has minor heirs, they will receive an obligatory part of the estate.

This rule also applies to those children who are pensioners due to health or age. They are also entitled to an inheritance, regardless of the will drawn up.

This rule is regulated by Article 1149 of the Civil Code of the Russian Federation. A mandatory share will be allocated to the illegitimate child, but the relationship must be proven.

The examination can be carried out after the death of the potential father.

Alimony for illegitimate children

Since the law makes no difference whether a child is born in a marriage or not, alimony for an illegitimate child is the same as for children born in a marriage.

This means that the mother of a child can file for alimony even if the man is married to another woman and has children.

But there is a nuance: in order to apply for child support, the father must be included in the child’s birth certificate.

Lawsuits are also filed on behalf of single mothers who want to protect the rights of their children.

The procedure will be standard: the blood father will be required to pay child support until he turns 18. But she will lose her status as a single mother.

Read also: Benefits for pre-retirees in Moscow in 2020

Download the claim to establish paternity. [30.00 KB]

Paternity Establishment Procedure

Let's look at this issue in more detail.

Who can file for paternity?

• This can be done by the mother of the child.
• Any of his legal representatives.
• Representative of the guardianship service.
• The child himself, when he turns 16 years old.

This is usually done if the legal father does not want to admit that he has something to do with the birth of the child.

A claim is filed, it is considered, and a DNA examination is carried out. Additional evidence includes conversation records, letters, and witness statements. Any evidence can be presented in court.

The court will order an examination that will help establish blood relationships. If the father of an illegitimate child refuses a DNA examination, his action is interpreted in favor of the plaintiff: in this case, it is an illegitimate child.

Therefore, if a man finds himself in a similar situation, and is really sure that he is not the blood father of the child, conducting an examination is in his interests.

Establishing paternity by DNA: cost, through court, price.

Is it worth confirming paternity: practical advice and pitfalls

Often mothers who are trying with all their might to protect the rights of
a child born out of wedlock are unaware of the difficulties they
have to go through.

Fathers often do not want to admit the fact of paternity. You have to prove it through the court. And only if the man really turns out to be the father of the child, will he reimburse all the costs of the trial and the expensive examination.

If DNA establishes that he is not the father, all expenses will remain on the shoulders of the mother.

Another nuance is the loss of the status of a single mother, and the acquisition of new problems. This situation in practice often has more disadvantages than advantages.

Even if paternity is recognized, alimony for an illegitimate child can only be recovered from official income.

And if a man does not have official employment and is hiding from the bailiffs, everything can drag on. It will be impossible to restore the benefits of a single mother.

Also, men whose paternity has been proven through court may still not recognize themselves as such. They will not give the child any warmth, love, or attention.

And in retaliation, they will also create obstacles: after all, in addition to the responsibilities, the newly made father also acquires rights to the child. And to deprive the father of these rights, compelling reasons will be required.

In practice, there have often been cases when a woman through the court sought recognition of the paternity of an illegitimate child and the assignment of payments.

But the vengeful father did not consent to travel abroad, because this requires the permission of both parents. And there are a lot of similar pressures when a man acquires the right to paternity.

Conclusion

Therefore, before filing a lawsuit, you need to weigh the pros and cons.

And the law will always support a child born out of wedlock, and, if necessary, his rights will be fully protected.

Source: https://pravasemei.ru/ottsovstvo/kakie-prava-imeet-vnebrachnyiy-rebenok/

Do illegitimate children have the right to inheritance? Does a child born out of wedlock have the right to inheritance?

Home » Inheritance » Do illegitimate children have the right to inheritance?

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Children do not choose which family they are born into. Parents can register a marriage or live together without a marriage certificate. At birth, a certificate is issued indicating the mother and father. From this moment on, children and parents have mutual rights and responsibilities. Regardless of the marital status of the parents, children have the right to the inheritance they leave.

Inheritance of illegitimate children

The procedure for acquiring an inheritance is specified in Section V of the Civil Code of the Russian Federation. Legal successors are called in order of priority or according to the drawn up will.

When inheriting by law, the children of the testator are considered priority heirs (Article 1142 of the Civil Code of the Russian Federation). By filing an application for the right to inheritance, non-marital spouses will receive a share of property equal to the share of other applicants: the parents of the deceased; children born in marriage; legal spouse; grandchildren inheriting by right of representation.

The code does not specifically stipulate which children have the right to inheritance. Therefore, it is considered that the share of the deceased’s property is due to the children:

• born in marriage or outside of a formal union;
• relatives and officially adopted ones;
• living with the testator or separately from him;
• descendants in respect of whom the testator was deprived of parental rights.

The only condition for an illegitimate child to receive an inheritance is the presence of a document confirming the fact of relationship. The “father” column must include the person whose property is claimed by the illegitimate son or daughter.

During his lifetime, the testator has the right to draw up a will and designate what property and in what volume will go to certain legal successors.

The principle of freedom of will allows the owner of accumulated wealth to choose as heirs relatives, friends, strangers, organizations, the Russian Federation (the property will go to the state).

Children out of wedlock can also be beneficiaries of a will.

They will be able to receive their share if the document with the last expression of will is drawn up in accordance with the norms of the law, is not declared void, or is challenged in whole or in part of some points.

If the child is not indicated among the legal successors, he will be able to apply for his share as a mandatory heir.

Illegitimate children can claim to be allocated a mandatory share of the deceased’s inheritance, even in the presence of a will, under the following conditions:

• age under 18 years;
• recognition of children as incapacitated, and age does not matter.

According to Art. 1149, if the father has made a will, the obligatory heir will receive at least half of what would be due to him by law.

Example. After the death of my father, I was left with an apartment bought during marriage.

He bequeathed his half of the property (the second half is the wife’s marital share) to his legal wife, but at the same time he has 2 illegitimate sons, one of whom is 22 years old, and the other 5 years old. The youngest descendant will be the obligatory heir.

In the absence of a will, he would have received 1/6 share of the property (the father's half would have been divided between his wife and 2 illegitimate sons), but since there is a will, he will receive 1/12 share of the property.

If in the above example the adult child were incapacitated, he would also be entitled to 1/12 of the apartment.

Peculiarities of receiving an inheritance by an illegitimate child under 18 years of age

Despite the fact that illegitimate children have the right to inheritance, they will not be able to apply on their own until they reach 18 years of age.

Only legally capable citizens have the right to submit an application for the right to inheritance to a notary. From the age of 14, a teenager has partial legal capacity.

The exception is cases when the minor is legally married or recognized as emancipated by the guardianship and trusteeship authorities.

What parents of illegitimate children need to remember when inheriting the property of the second parent:

1. The rights and obligations of recognized children and those born in an official marriage do not differ. They will receive equal shares of the inheritance. For example, if a father has a 12-year-old illegitimate child and is married to a woman, having one adopted and one natural child from her, in the event of his death, the inheritance acquired by him before marriage is divided equally between all children and the legal spouse.
2. If a child under 18 years of age was not included in the will drawn up by the father, he can claim a mandatory share of the inheritance.
3. Minors cannot independently claim rights to inherited property. Before they reach the age of 14, a parent or legal representative contacts a notary, and after 14, the consent of the responsible persons is required.
4. Refusal of an inheritance is possible if its acquisition would be contrary to the interests of the children. For example, if the father’s debts significantly exceed the income portion of the inheritance, it is more advisable to refuse to receive it. In order to exclude a criminal conspiracy between relatives, permission from the guardianship and trusteeship authorities is required for non-acceptance of inheritance.
5. An illegitimate child will not be able to dispose of the inheritance until he reaches adulthood. Measures to ensure the safety of valuables are entrusted to legal representatives. Their actions are coordinated by the guardianship and trusteeship authorities.

Establishing paternity

If the child's legal representative can present a document confirming paternity, there will be no problems. However, sometimes the column on the birth certificate where the father should be indicated is empty.

There can be many reasons: the mother’s concealment of the fact of pregnancy and the birth of the child, non-recognition of the descendant by the father, personal hostility of the parents towards each other and the desire to remove mention of an unfulfilled relationship from the documents.

If the situation is this way, illegitimate children will not be able to receive the parent's property. Paternity will have to be proven.

Women raising children out of wedlock are advised to take the initiative to establish paternity if this does not cause problems for their son or daughter. It is much easier to do this while both parents are alive than after the death of the father or mother.

To officially recognize paternity, both parents must apply to the Civil Registry Office to establish paternity.

Download sample form No. 12

Along with the application, the following documents are submitted to the government agency:

• passports of father and mother;
• birth certificate, if paternity is confirmed when making a birth registration entry;
• birth certificate, if previously issued;
• check for payment of state duty.

In the absence of the mother in the event of her death, deprivation of parental rights or recognition as missing, the father can apply to the registry office on his own. In this case, it will be necessary to additionally provide consent to adoption issued by the guardianship and trusteeship authorities or the court.

The application can be submitted before the birth of the child if, for example, the parents are planning to live separately or the father is leaving on a long business trip. At the time of application, the girl must be pregnant. After the birth of the baby, an entry will be made on the birth certificate about both parents (Article 48 of the RF IC).

• Establishing the fact of paternity in the birth certificate is a guarantee that an illegitimate child will acquire the right to inheritance.
• If the couple did not register the relationship, or the marriage was dissolved, and the newborn was born more than 300 days later, the court will establish paternity if the second parent does not agree to go to the registry office.
• A descendant can act as a plaintiff if he is over 18 years old, and if he is a minor, his guardians, trustees, or dependent persons can act as a plaintiff.
• It is necessary to file a claim in court to establish paternity, provide the necessary documents and evidence that at the time of pregnancy the couple was in a close relationship.

Read also: Travel for schoolchildren: on public transport, on the metro, in Moscow

During the life of the father, establishing paternity is often associated with the desire to collect child support. Going to court after the death of the second parent and subsequent recognition of paternity will provide grounds for inheriting property, receiving survivor benefits or an amount for damage caused to the deceased.

Posthumous establishment of paternity

The circumstances preceding posthumous paternity registration may be as follows:

1. The parent recognized the child and intended to raise him, but did not have time to contact the registry office. In this case, the court establishes the fact of recognition of paternity in accordance with Art. 50 IC RF.
2. The man died before the baby was born or did not recognize the relationship. Then paternity is established in accordance with Art. 49 RF IC.

It is necessary to apply to the court with an application drawn up in accordance with Art. 131 Code of Civil Procedure of the Russian Federation. The document is submitted at the place of residence of the plaintiff.

Application for posthumous paternity establishment in court:

Download application

Required documents

Without strong evidence of paternity, the court will not grant the petition, so you should carefully prepare for the process. In the claim, for example, you can indicate: exactly when the pregnancy occurred (information confirmed with an issued medical certificate), how the father reacted to the news of the pregnancy, and why he did not formalize paternity.

Documents submitted with an application for recognition of paternity after death:

• death certificate of the testator;
• birth certificate;
• a certificate from the place of residence proving the fact of cohabitation;
• certificate of family composition.

The list of documents must be clarified with a lawyer, since it is finally determined when the circumstances of the case are covered.

It is also necessary to collect evidence of close relationships. The following are submitted to the judge:

• letters on paper, printouts of online correspondence between parents;
• joint photos;
• video filming with father;
• postcards with the signature “to son (daughter) from dad”;
• comments to photos on social networks;
• testimony of witnesses: neighbors, preschool teachers, teachers;
• checks, receipts for the father’s payment for classes in clubs and sections, purchases of things and toys.

The authenticity of the material provided is verified in court. If any doubts arise, an additional examination can be initiated.

Genetic examination for inheritance

If the case reaches a dead end, the evidence provided is not enough to recognize paternity, and interested parties are categorically against the inclusion of illegitimate children among legal successors, a forensic genetic examination is ordered. Biological material for research is provided by close blood relatives of the deceased.

If paternity is confirmed as a result of a DNA examination, an illegitimate child will be able to:

• change surname and patronymic;
• communicate with your father's relatives;
• receive benefits related to the loss of a breadwinner or other payments if the father died from violent acts committed by third parties;
• receive the father's inheritance among the first-priority applicants according to the law.

As soon as the court decision comes into force, you must contact the registry office and obtain a new birth certificate with a record of the father.

After this, regardless of the moment of opening of the inheritance, the child’s representatives have the right to declare his rights to the property. There will be no need to reinstate the deadline.

Cases regarding the inheritance of property by an illegitimate child can proceed unhindered if the interested parties recognized the child as their relative, or with a lot of obstacles if other legal successors resist and do not want to lose part of the benefits due. It must be remembered that it is never too late to formalize paternity, even if the citizen is already 18 years old. It depends on this whether the descendant will be able to receive the valuables he has acquired from his father, and whether his mother will issue state payments for the maintenance of the child.

When the father is alive, all disputes are easier to resolve. If time is lost, you will have to go to court. The procedure for recognizing paternity and subsequent registration of inheritance rights is long and complicated and requires knowledge in the field of law. Contacting a lawyer from the ros-nasledstvo-ru portal will facilitate the task of acquiring the required share of property.

FREE CONSULTATIONS are available for you! If you want to solve exactly your problem, then :

• describe your situation to a lawyer in an online chat;
• write a question in the form below;
• call +7(499)369-98-20 - Moscow and Moscow region
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Source: https://ros-nasledstvo.ru/imeyut-li-pravo-vnebrachnye-deti-na-nasledstvo/

Do illegitimate children have the right to inheritance? Can an illegitimate child claim an inheritance?

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Today, family values ​​have changed a lot - this is clearly shown by divorce statistics.

Many men and women refuse to enter into a marriage relationship at all - they are satisfied with cohabitation and living together. In this case, the couple has children, but they are born outside of marriage.

The information is entered into the child’s birth certificate - in the “mother” column there is the mother’s full name, and in the “father” column there is the man’s full name or... a dash.

Can illegitimate children claim their parents' inheritance? What to do if the testator refused to acknowledge paternity? Let us consider the procedure and features of inheritance by illegitimate children.

What does "illegitimate child" mean?

Cohabitation between a man and a woman can be short-term or long-term. During their time together, a couple usually has children.

An illegitimate child is a baby born to a man and woman who are not in a legally registered marriage.

Quite often, men agree to register the child in their name - this is how information about the father appears on the birth certificate of their son or daughter. In fact, such a union is identical to a legal family: there is a father, a mother, a common life, and both parents are indicated in the deed record. The only difference is the lack of state registration of marriage.

However, often fathers categorically refuse to go to the registry office and acknowledge their paternity. Especially if the cohabitation was short-term, and the man does not intend to start a family with the mother of the newborn. Information about the father is usually entered into the birth certificate from the words of the mother - this is a simple formality in order to give the child a middle name.

If paternity is not established and the biological father dies, the child cannot inherit his property . However, this does not mean that there is no way out - the problem can be resolved through the courts.

The mother will have to file a claim to establish paternity (posthumously). From time to time, such issues are resolved during the lifetime of the parent. For example, in order to subsequently or simultaneously collect child support.

If there is a judicial act, the heir will be able to unhinderedly assume his rights.

Does a child born out of wedlock have the right to inheritance?

The law does not make any distinction between natural, adopted or illegitimate children - in accordance with Art. 1142 of the Civil Code of the Russian Federation, children are among the heirs of the first priority and inherit the property of the deceased by law.

It does not matter at all whether the child was born in marriage or is considered illegitimate - inheritance occurs on an equal basis by all children.

The basis for inheritance by an illegitimate son or daughter is a birth/adoption certificate, i.e. fact of relationship with a deceased person.

If the father refuses to go to the registry office and enter his name on the child’s certificate, the legal fact will be established in court. The proceedings can be initiated by the mother, guardian or person who is maintaining the child.

A child can independently go to court after reaching the age of 18.

“Does a common-law wife have the right to inherit after the death of her husband?”

How to establish paternity?

In part, we found out that according to the law, strangers cannot enter into an inheritance - they will need to confirm the fact of family ties. If paternity has not yet been determined, the child cannot inherit the man's property. But as soon as this fact is established, illegitimate children become heirs of the first priority, because are father's children.

There are two ways to recognize and/or establish paternity.

Through the registry office

The first option is voluntary (out-of-court).

There is nothing complicated, provided that the man is not against establishing paternity:

1. Arrange to visit the nearest registry office together.
2. Write a statement to establish paternity.
3. Provide a passport, a certificate from the maternity hospital and a receipt for payment of the state fee.
4. Receive a birth certificate for your son/daughter with information about the father.

• The deadline for submitting an application and documents to the registry office is no later than 30 days from the date of birth of the baby.
• You can download a sample application below:

Download a sample application for establishing paternity outside of marriage in the registry office

Judicial order

The second method is forced (judicial).

If the parents cannot find a common language or the child’s father has died, paternity is established through the court. The baby's mother will need to file an application with the court. The hearing of the case takes place in a special or claim procedure - depending on the actions of the father:

• if he is alive, disputes cannot be avoided, which means the case will go through litigation;
• if a man died, but did not have time to recognize paternity during his lifetime, a regular application to establish paternity is submitted (Article 264 of the Code of Civil Procedure of the Russian Federation).

It is important to remember that the interests of the child come first. If a mother wants to provide a happy future for her baby, it is in her interests to file for paternity and achieve the right to inheritance. At the same time, you can oblige the other parent to pay child support.

Procedure for the mother of the child:

1. Prepare evidence, interview witnesses.
2. File an application or claim to establish paternity.
3. Pay the state fee (300 rubles), take a receipt.
4. Contact the court office of the district (city) court, register the appeal, and receive a coupon for the transfer of documents.
5. Wait for a summons to court.
6. Request a genetic examination.
7. Pay for DNA testing and provide biological materials of the child.
8. Obtain an expert opinion and attend rehearings in court.
9. Hear the verdict of the district court, receive a writ of execution or an extract from the court decision.
10. Collect legal costs from the defendant father (if the latter has not died).
11. Complete the acknowledgment of paternity at the civil registry office.

Read also: Benefits and plots for large families in Krasnodar

You can familiarize yourself with examples and download a ready-made sample application in our article “Establishing paternity and filing for alimony.”

Proof

Unsubstantiated statements are unacceptable - the plaintiff or applicant attaches documents confirming the requirements. Most often, a genetic examination is carried out based on a DNA test. The court may appoint it at the request of one of the parties to the trial (Article 166 of the Code of Civil Procedure of the Russian Federation).

Additional evidence:

1. Correspondence between father and child - letters, e-mail, postcards, video calls, etc.
2. Parents living together is confirmed by an extract from the house register.
3. Testimony - it is advisable to involve uninterested persons (mutual friends, neighbors, work colleagues).
4. Photos, video materials, audio recordings.
5. Bank account statements - about the transfer of money for child support.

Is a court decision a final document? No. A procedural act serves as an interim legal document. The plaintiff will need to contact the civil registry office (registry office) and obtain a birth certificate. The basis for its issuance is a court decision.

Inheritance by an illegitimate child under a will

The presence of a will eliminates the need to prove kinship with a deceased citizen. If the order specifies a specific person, it is enough to confirm your identity with a notary. A birth certificate is not required, since the deceased could indicate in the will not only relatives, but also strangers.

If the owner assigned part of the property to an illegitimate child , no problems will arise - the child will enter into inheritance rights. True, if he is under 14 years old, the acceptance of the inheritance is entrusted to the mother - as the legal representative of the child (Clause 1, Article 26 of the Civil Code of the Russian Federation, as well as Article 64 of the RF IC).

Mandatory share in inheritance for illegitimate children

Can a testator disinherit an illegitimate child? Yes. Freedom of expression is limited only by the rule on the obligatory part of the inheritance. A will allows the testator to determine the composition of recipients, the type of property, the size of the shares of the heirs, as well as the authority to eliminate unwanted applicants.

However, the testator must take into account the provisions of the law on compulsory share in a will. According to Art. 1149 of the Civil Code of the Russian Federation, an illegitimate child will be able to receive ½ part of the share by law if he has not reached the age of 18, is disabled or is a dependent of the deceased.

Of course, provided that the testator was the father of the heir.

As you can see, the children of the testator are the primary heirs. However, we are talking about legitimate sons and daughters - if paternity is not confirmed by a death certificate, then a court decision will be required. The absence of such a document prevents the entry into inheritance rights. An exception is if the applicant is dependent on the testator (Article 1148 of the Civil Code of the Russian Federation).

For an illegitimate child or his representative it is sufficient:

1. Contact a notary.
2. Write an application to accept an inheritance - according to the law, or to enter into an inheritance - according to a will.
3. Provide evidence of cohabitation with the deceased citizen for more than a year and being supported by him (extract from the house register, certificate from the social protection department).

Under such circumstances, the illegitimate applicant inherits property on an equal basis with the heirs by law - it is not necessary to prove paternity.

Can an unborn child receive an inheritance?

Modern legislation takes into account almost any life situation. One of them is the presence of a conceived but unborn child. The interests of the child are protected by a notary (Article 1166 of the Civil Code of the Russian Federation). He can learn about such a fact from one of the heirs or directly from the mother of a potential applicant for the testator's property.

If a notary has received an application to suspend a notarial act, he issues a corresponding resolution (Article 41 of the Law on Notaries). The document is valid for 10 days . This period is given to the applicant to file a claim in court and provide evidence of this fact.

If the court opens proceedings, the notary's decision is valid until the end of the proceedings. If the fact of paternity is confirmed, the born child is included in the heirs. His interests are represented by legal representatives: they accept the inheritance, receive a certificate of inheritance and register the property.

Can parents or guardians refuse an inheritance? If the court proceedings reveal that the inheritance is not valuable for the child or the obligations of the testator exceed the value of the property, the legal representatives of the illegitimate child may renounce the property rights.

However, they must first obtain the consent of the guardianship authority. The application will need to be accompanied by documents confirming the inappropriateness of entering into inheritance rights.

After receiving the consent of the guardianship authority, parents or guardians can freely submit a waiver application to the notary.

Read more about this in the article “Can a minor child refuse an inheritance?”

The issue of inheritance largely depends on the presence/absence of documents confirming the family relationship with the testator. Illegitimate children inherit property on the same basis as blood descendants.

However, they need to prove their relationship to the deceased - the proof is a birth certificate or a court order establishing paternity. An exception is if the child is dependent on the testator.

Under such circumstances, he can inherit the property like any other applicant in line.

Will a child born out of wedlock inherit the “father’s” property? Much depends on the initiative of the mother - she, as the legal representative, must protect the interests of her child. However, in practice this does not always happen - sometimes the property never goes to the illegitimate.

The main reason is ignorance of the law, missed deadlines, difficulties in obtaining certificates and reluctance to go to court. If you need urgent help, contact the lawyers of our portal. Experts work on all matters related to inheritance.

A lawyer will analyze your case, give a legal assessment, select the optimal strategy, point out mistakes, give recommendations and advice. A free consultation will allow you to navigate the situation. You don’t have to look into reference books, stand in queues and listen to the notary’s refusals.

Call our lawyers and we will tell you how to enter into an inheritance correctly so as not to miss deadlines.

Watch the VIDEO ANSWER about the rights of illegitimate children in inheritance:

• Due to constant changes in legislation, regulations and judicial practice, sometimes we do not have time to update the information on the site
• In 90% of cases, your legal problem is individual, so independent protection of rights and basic options for resolving the situation may often not be suitable and will only lead to a more complicated process!

Therefore, contact our lawyer for a FREE consultation right now and get rid of problems in the future!

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Source: http://allo-urist.com/imeyut-li-pravo-vnebrachnye-deti-na-nasledstvo/

Illegitimate children (right to inheritance, alimony)

In pre-revolutionary Russia, the mark of an illegitimate child was expressed by the shameful word bastard. And this stigma accompanied the person all his life, and completely deprived him of any rights. Time has passed, eras and society have changed, and now out-of-wedlock births are recognized in the modern world.

Many countries, including Russia, have significantly changed their legislation, which establishes certain rights of illegitimate children. Illegitimate children are children born to a parent couple who is not in a registered marriage. The number of out-of-wedlock births in the Russian Federation is uneven across the territory.

A high level of out-of-wedlock births of up to 60% falls in the eastern territories of the country, among the peoples of Siberia and the north. In the central part of European Russia there is a fairly low percentage of out-of-wedlock births. The tradition of creating a legal family is still strong here. The further south you go to Moscow, the the out-of-wedlock birth rate in Russia .

The Voronezh region and Kabardino-Balkaria have a low level. On average in Russia, the percentage of births of illegitimate children reached 29 percent by 2008, which is lower than in the United States by almost 10 percent.

The birth of illegitimate children creates certain difficulties in granting them rights and responsibilities in relation to their parents and their relatives. They will have the same rights and responsibilities as legitimate children only if their descent from these parents is established by law. The father and mother submit a joint application to the registry office. If such a statement is missing, only the court can determine paternity. In the birth certificate, the entry about the father is made only on the basis of these documents, about the mother – the entry is made at her request. In the absence of documents determining paternity, an illegitimate child receives the mother’s surname, the first and patronymic are recorded at her request.

How to get child support for an illegitimate child

Alimony for an illegitimate child can be obtained in different ways. The first way is a partnership agreement between parents through an agreement among themselves. This decision is gentlemanly and is based on decency and trust in each other for a long time. But often this issue is resolved through the court, especially if paternity has not been established.

A claim is filed in court by one of the parents; there may also be a guardian, or a person who is dependent on the child. Almost always, the court remains on the side of the mother, and it accepts all evidence of the paternity of a given person. Now this is done on the basis of DNA results.

If the result is positive, child support for an illegitimate child will have to be paid until he reaches adulthood.

Rights of illegitimate children

The rights of illegitimate children in the field of inheritance can be easily defended if they were recognized during the lifetime of the testator. In this case, they will have equal rights with legitimate children.

If the deceased has made a will, then he has the right to deprive one of the children of a share or to divide the property as he wants. This rule does not apply to minors and disabled children.

 The right to inheritance of illegitimate children is most often defended in court, and here it is simply impossible to do without the help of specialists.

On the website conferancie.ru celebrity weddings in 2011, changing the TIN and SNILS when changing the last name.

Source: http://conferancie.ru/vnebrachnye-deti-pravo-na-nasledstvo-alimenty/