When a child is born to people who are not married to each other, he/she is said to have been born out of wedlock. According to article 262 of the Nº32/2016 of 28/08/2016 law governing persons and family, it is necessary to establish the maternity and paternity of such a child. Maternity is established by considering the woman whose name is entered on the birth record. Paternity is established when a man acknowledges that the child is his or if the court declares it. This is defined as recognition. Articles 263 and 264 of the law governing persons and family say that there is no time limit as to when a child born out of wedlock can be recognised by his/her parents. Children can be recognised as soon as they are conceived, when they are alive or even after they have died if they have descendants. If a married person decides to acknowledge maternity or paternity of a child born out of wedlock, they don’t need their spouse’s consent first. This is according to article 265 of the law governing persons and family. However, the spouse should be informed of the recognition by the civil registrar. Article 266 of the law governing persons and family says that it is illegal to recognise a child who has already been recognised by another person, unless a final court order invalidates the previous recognition. If a parent deliberately abandoned a child, they are free to recognise the child. However, article 267 of the law governing persons and family says that such a person will not have parental authority as long as the child has already been adopted. A child who has been recognised has the same rights and duties as legitimate children but only in respect to the spouse who has recognised the child. This is according to article 268 of the law governing persons and family. When parents of a child born out of wedlock get married, the child is legitimised as long as they both recognise him/her at the time of marriage. This is according to article 270 of the law relating to the rights and the protection of the child. According to article 271 of the law governing persons and family, legitimisation of a child is either done at the place of celebration of marriage or at the place of the child’s birth. Children who are recognised and thus legitimised have the same rights and duties as the ones who are born in wedlock. This is according to article 273 of the law governing persons and family. They have a right to protection, care, education and access to other needs and they have a duty to respect their parents and provide assistance where need be.
