Pennsylvania Agreement By Natural Father to Support Child Born out of Lawful Wedlock

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Multi-State
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US-01473BG
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An illegitimate child is generally defined as a child who was conceived and born out of lawful wedlock. This term is defined by statute in many jurisdictions. The statutory law of most jurisdictions also provides for legal proceedings by which the paternity of an illegitimate child can be determined, and the father can be required to contribute to the support of the child.

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FAQ

"It is a well settled principle of law that a child born out of wedlock, as in the present case, follows that of the mother in the absence of any person claiming custody of the child on the basis of being the natural father thereof.

The legitimacy of a child depends upon the marital status of his/her parents and its legality. If the parents of a child are not married or their marriage is not valid then the child born out of that particular marriage will be considered as 'illegitimate'.

Establishing who your child's biological father is gives you the right to pursue child support from him. However, it also gives him the ability to pursue other parental rights as well. Once the court finalizes paternity, your child's father can seek physical and legal custody of your son or daughter.

The Court of Appeal in discussing the custody of a child born outside wedlock held that the custody of a child born out of wedlock follows that of the mother in the absence of any person claiming custody of the child of being the natural father.

However, an unmarried father must take steps to affirm his paternity by signing the birth certificate or an affidavit declaring his paternity. Once paternity is legally established, the father has equal rights to pursue custody of the child.

The fact a child is born out of wedlock is irrelevant to the father's legal rights. Child births out of wedlock are common. California law does not permit the Family Court to base custody decisions on gender.

First, the U.S. Supreme Court decided a series of cases on the basis of the Equal Protection Clause of the Federal Constitution which establish the principle that the illegitimate child is entitled to legal equality with the legitimate child in most substantive areas of the law.

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Pennsylvania Agreement By Natural Father to Support Child Born out of Lawful Wedlock