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Study on the Legal Position the Illegitimate Child

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Study on the Legal Position the Illegitimate Child LEAGUE OF NATIONS STUDY ON THE LEGAL POSITION OF THE ILLEGITIMATE CHILD Geneva, 1939 Published previously : Summary of Annual Reports received from Governments between January 1st, 1936, and the First Session of the Advisory Committee on Social Q uestions (April 15th, 1937). (C.316. M.212.1937.IV.) (Ser. L.o.N. P. 1937.IV.6)......... 1/- $0.25 Summary of Annual Reports received from Governments between the Close of the First Session and the Close of the Second Session of the Advisory Committee on Social Ques­ tio n s (May 1st, 1937-May 5th, 1938). (C.81.M.36. I938.IV.) (Ser. L.o.N. P. 1938.IV.5)...................... 3 /- $0.75 Child Welfare Information Centre Summary of the Legislative and Administrative Series of documents of the Child Welfare Infor­ m a tio n C entre p ublish ed in 1938. (C.72.M.33. 1939.IV.) (Ser. L.o.N. P. 1939.IV.1)........................ 1/- SO. 25 Juvenile Courts Organisation of Juvenile Courts and the Results attained hitherto. Published by the League of Nations, in collaboration with the International Penal and Penitentiary Commission. (Ser. L.o.N. P. 1935.IV.5).................................................................. 4/-$1.00 Principles applicable to the Functioning of Juvenile Courts and Similar Bodies, Auxi­ liary Services and Institutions. (Ser. L.o.N. P. 1937.IV.9).................................................................. 1/6 $0.40 Child Welfare Councils (Denmark, Norway, Sweden.) (Ser. L.o.N. P. 1937.IV.I)................................................................... 2/6 $0,60 The Placing of Children in Families Volume I : Fundamental Concepts, Historical Development, Characteristic Features in Dif­ fering Systems, Principles and Procedures in the Organisation of Services. (C.260.M.155. 1938. IV.) (Ser. L.o.N. P. 1938.IV.14/I)................ 3 /- $0.75 Volume II : Various Systems of Placing Child­ re n in F am ilies. (C.260.M.155.1938.IV.) (Ser. L.O.N. P. IV.14/II).................................... u v ........ 5 /- $1.25 The Recreational Cinema and the Young. (C.256.M.152.1938.IV.) (Ser. L.o.N. P. 1938.IV. 1 3 ).............................................................................. 9d. SO. 20 [Communicated to the Council Official No. : C. 70. M. 24. 1939. IV. and the Members of the League.] Geneva, May 15th, 1989. LEAGUE OF NATIONS ADVISORY COMMITTEE ON SOCIAL QUESTIONS STUDY ON THE LEGAL POSITION OF THE ILLEGITIMATE CHILD Series of League of Nations Publications IV. SOCIAL QUESTIONS 1939. IV. 6. ILLEGITIMATE CHILDREN TABLE OF CONTENTS Page I. Introduction ......................................................................................... 1 II. H istorical Outline of Social Aspects and L egislation : 1. D efinition ........................................................................................ 5 2. Different Conceptions of the F am ily....................................... 6 3. H is to r y ............................................................................................ 7 4. Present Situation ........................................................................ 11 III. P resent P osition of Illegitimate Ch il d r e n ........................ 14 1. Legal Position.................................................................................. 14 A. The Initial P o sitio n .......................................................... 14 B. Specific Rights and O bligations.................................... 15 C. Categories of Illegitimate Children............................... 15 (a) Maximum Period ................................................. 16 (b) Minimum Period ................................................. 17 2. Civil Status of the Illegitimate C h ild ...................................... 17 A. Name ..................................................... 18 (a) Legal P rovisions................................................... 18 (b) Effects....................................................................... 20 B. Membership of Certain Communities ........................ 21 (a) C astes....................................................................... 21 (b) Family S ta tu s........................................................ 22 (c) Racial N ationality............................................... 22 (d) Religious Communities........................................ 22 R eligion.......................................................... 22 National Legislation ................................. 23 (i) The Religion originally conferred on the Child .......................................................... 23 (iiJ Change of Religion as the Result of a Change in the Child’s Legal Status. 24 Acknowledgment................. 24 L eg itim atio n................................................. 24 •1056. — S.d.N. 1.065 (F.), 1.205 (A.), 6/39. Imp. de l'O.de P., Bruxelles. IV ---- Page C. Nationality........................................................................... 25 (a) Child’s Original N ationality............................. 20 (b) Child’s Acquired N ationality........................... 27 (i) Acknowledgment................................... 27 (ii) Legitim ation.......................................... 28 (Hi) Adoption ................................................. 28 (c) Change in the Father’s or Mother’sNationality 28 (i) Naturalisation ........................................ 28 (ii ) Marriage. ............................................ 29 D. Legal D om icile.................................................................. 29 IV. Legal P rotection of the Child : 1. Special Measures concerning Registration of Births and Official Documents disclosing Illegitimacy...................... 30 A. Registers of B irth s............................................................ 30 B. Full Extracts .................................................................... 31 C. Abridged E xtracts............................................................ 32 D. Variable Form s.................................................................. 34 E. Other Official Docum ents.............................................. 34 2. Acknowledgment of Illegitimate Children............................. 35 A. Legal Acknowledgment : (a) Establishment of M aternity............................. 35 (b) Establishment of Paternity ............................. 35 (i) M ethods................................................. 35 (ii) Conditions ............................................ 36 (Hi) Prescription.......................................... 37 (iv) T im e....................................... 38 (v) Objects................................................... 38 (vi) Plaintiffs .............................................. 38 (vii) Defendants .......................................... 39 (vii i) Methods of Defence ........................... 39 B. Voluntary Acknowledgment.......................................... 41 (a) Formal Acknowledgment : (i) Form s................................................... 41 (ii) Formal Effect .................................... 41 (in) Children who can be acknowledged 42 (iv) T im e..................................................... 42 (v) Persons who may acknowledge the Child....................................................... 42 (vi) Capacity................................................ 43 (vii) Approval................................................ 43 (viii) Legal E ffects........................................ 44 (b) Tacit Acknowledgment..................................... 44 C. Social Effects .................................................................... 45 Page 3. Re-establishment of the Legitimate Status of Children. 45 A. Legitimation by Acknowledgment ............................ 45 B. Legitimation by an Authoritative Act of the State 46 (a) Legitimation by Adoption ............................... 46 (b) Legitimation by Rescript ................................. 46 (i) Conditions............................................... 46 (ii) Form ...................................................... 47 (Hi) Application ............................................ 47 (iv) Effects........................................................ 47 ( c) Legitimation by Judgment............................... 47 C. Legitimation by the Subsequent Marriage of the Father and Mother........................................................ 48 (i) Conditions . ..................................................... 48 (ii) Form ........................ 48 (Hi) T im e.................... 49 (iv) Objects................................................................ 49 (v) Consent .............................................................. 50 (vi) Contestation ..................................................... 50 (mi) Formal Effect ................................................... 51 (viii) Legal E ffects................................................... 51 D. Social Effects .................................................................... 51 4. Inheritance Rights in respect of the Mother’s Family and the Father’s Family................................................................ 52 A. Succession by Operation of Law ................................. 52 (a) Father and Mother ............................................. 54 (b) Descendants .......................................................... 57 (c) Ascendants ............................................................ 57 (d) Collaterals .............................................................. 58 B.
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