The Development of Family Law on the Rights and Duties of Fathers and Illegitimate Children Recognized by Fathers

Abstract

The purpose of this research was to find answers to the creation of subsidized rights of illegitimate fathers and illegitimate children whose fathers have been certified to have rights and duties under the Civil and Commercial Code, Book-I Family and Book-VI inheritances for equal rights of unlawful fathers according to human rights principles, support for family law and inheritance law on the rights and duties of fathers and illegitimate children who have already been approved by the father, with a research methodology as a qualitative research. It consists of research papers, in-depth interview, focus group, and public hearing in order to bring the answers to the preparation of laws to support rights and duties in the future.

            The findings of the research are the absence of legislation recognizing the rights and obligations of unlawful fathers. According to the Civil and Commercial Code, Chapter-I Family and Chapter-VI, the current law supports the rights of legitimate fathers, legitimate child, and illegitimate son who has been certified by his father. However, it does not grant equal legal status to illegitimate fathers. The answers led to the development of family law regarding the rights and obligations of de facto fathers and paternal illegitimate children. There shall be an amendment to support the rights and duties under the Civil and Commercial Code, Book-I Family, Chapter 2, Rights and Duties of Parents and Children under Section 1564/1, Fathers under Section 1563 and Section 1564. 

       It also means the father who received de facto child support and Chapter-VI Inheritance, Chapter 1: Succession of Property and Chapter 2: Division of Inheritance between Statutory Heirs in Different Hierarchies, the Right of Inheritance by Statutory Heirs under Section 1629 (2), parents and also includes the father who has certified the child by de facto.