Legal implications of having an illegitimate child by a married person


Legal implications of having an illegitimate child by a married personHaving a child outside the wedlock has become a new trend not only among the celebrities, but also among common people. The outside-of-marriage birth rate is increasing day by day. People are no longer afraid of the stigma of becoming an unwed parent. In the earlier times very few people could imagine having a child born outside a marriage. But now the scenario has changed totally.

Presently the society has started accepting a child out of wedlock. Over the last few years, there has been a huge increase in the number of families involving children born outside marriage. This reflects the increase in the number of people who prefer to live together rather than getting married. Such cases involve a single mother or father, whereas in some cases both parents are found to be present but they cannot get married as either of them is already married to someone else.

Complications observed in the life of illegitimate children:

Children who are not born out of a marriage often face many hurdles in their life compared to those who are born to legally married parents. Financial insecurity, emotional crisis, etc. are the most common odds which they face in their lifetime.

Men are often found to show negative attitude towards the responsibility for the children born outside their marriage. They seem to have no responsibility to such a child. The mothers are left with only two options, either to raise the child alone without the support of the father or to give the child for adoption to a married childless couple.

Single parenthood causes complex consequences upon the children. Children born to these single parents are more prone to disputed married lives in their future. They are more associated with juvenile delinquency compared to those born to legally married parents. They often suffer from emotional crisis in different stages of life.

Issues arising out of such cases:

1.       Financial issues – Issues like child support, child care, etc. are often found to be disputed where people fight legally over what amount of support would be reasonable. It has been found in most cases in USA that fathers are ordered to provide financial support to their illegitimate children in the same manner as fathers divorced from the their mothers do. In some cases even paternity is established for proper adjudication of such cases.

2.       Custody matter – In many cases custody becomes the most vital issue when the relationship ends and people do not agree on their arrangements. The ability of a parent to take proper care of a child is the primary criterion which is normally taken into account. Right of visitation is also not an uncommon issue.