Often children are born and are left to their mother or to themselves. Sometimes it is men who force women into unprotected sex and then expose them to all kinds of hardship, including unwanted pregnancies.
Often the baby once born, the father or father, or he was already married, or he refuses to assume his responsibilities. The partner (girl or woman), can then be plunged into misery, and the child will grow up with deficits which can have serious consequences on his whole life. What does the law say in such cases?
For a long time, it seemed as if society had chosen to inflict eternal suffering on an individual whose only fault was being born under special conditions. However, he had not asked to be born and, often, it was the man who imposed himself by all means (psychological pressure, harassment, deceptions, bluffs, etc.) and had forced the woman or the girl. to accept it. And then there you go, the child was born. While he is not the result of a “miracle”, he has no father … Unfortunately, it is the law itself that imposed this situation.
Before 2014, in terms of the law, a child born outside the bond of marriage is deemed to be an adulterous child, that is to say, a child whose father is the husband of another woman. Moreover, there can be no adulterous child for a woman, since the child born of a woman in the bonds of marriage is deemed to be that of the husband, according to the very principle: “pater is est”. The law, then, forbade the father to give filiation to his child, born outside the bonds of marriage. Consequently, this child would live all his life, without being able to count on his father.
In the second case, the child is born, he has filiation, but the father refuses to assume his responsibilities, leaving slavery. the mother to support herself alone.
In both cases, the law provides for solutions. If in time, the law did not protect the woman and the child, by prohibiting the father to give parentage, the law of June 4, 2014 on responsible paternity and parentage solves the problem and goes so far as to constrain it. here to do so. For the second case, since 1983, by a decree dated September 14, the solution had already been found by granting a spouse the possibility of bringing an action for maintenance payments, using a special and rapid procedure. .
Me Inseul Salomon