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The legal situation of the child

The legal situation of the child



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The child from the marriage takes the common name of the parents. If the parents do not have a common last name, the child will take the family name of one of them or their names together. In this case, the child's name will be established by sending the parents and will be declared, at the birth of the child, at the civil service. In the absence of such a statement, the guardianship authority at the child's home will decide, listening to the parents, if the child will bear the name of one of them or their reunited names (art. 62 of the Family Code)
The child outside the marriage whose affiliation was established by recognition or by judicial decision has, in relation to his parents and relatives, the same situation as the legal situation of a child from marriage (Art. 63)
The child outside the marriage acquires the family name of the one of the parents to whom the parentage was first established. If the affiliation was subsequently established and compared to the other parent, the court will be able to grant the child to bear the latter's name. If the child was recognized at the same time by both parents, the provisions of Art. 62 para. 2.
If the child's filiation outside the marriage is established vis-à-vis both parents, his / her custody, as well as the parents' contribution to the expenses of growth, education, learning and professional training, will be decided according to the provisions of Art. (art. 65 of the Family Code).