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Who should support the illegitimate child?

Both the mother and the father of the illegitimate child are obliged to support the child, even if the parents already have their own families and other (legitimate) children. This support includes everything indispensable for dwelling, clothing, sustenance, transportation, education, and medical attendance.

Art. 105 (4) of the Family Code provides that parents and their illegitimate children are obliged to support one another.

The mother’s separate property, as well as the separate property of the father of the child, shall be answerable for the support of the illegitimate child. In case the mother or the father of the child has no property, the absolute community or the conjugal partnership of gains shall advance the support which will be deducted from the parent’s share upon the liquidation of the property regime. (Art. 197, Family Code)

Go back to the main article: An Ultimate Guide to an Illegitimate Child’s Rights, Birth Registration, and Legitimization

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