Children Born Out of Wedlock: The Role of the Father in Their Upbringing

Modern society recognizes the importance of a father's role in the upbringing of children, regardless of whether they were born within or outside of marriage. However, legislation in Greece still carries elements from the past that may disadvantage fathers who wish to have an active role in their children's lives.

Legislation and Paternal Rights

According to Article 1510 of the Civil Code (CC), parental care of minor children is exercised jointly by both parents. However, for children born out of wedlock, the mother initially has exclusive parental care unless the father acknowledges the child and an agreement is made between the two parents for joint exercise of parental care.

This status may seem outdated, given that the social roles of parents have changed significantly over the years. Today, many fathers wish to play an active role in raising their children, regardless of the legal status of their birth.

Rights of the Father for Children Born Out of Wedlock

1. Voluntary Acknowledgment of the Child: A father can acknowledge his child born out of wedlock through a notarial deed or will, provided the mother consents. If the mother refuses, the father can seek judicial recognition.
2. Parental Care: Once the child is acknowledged, the father has the right to request joint parental care with the mother. If there is no agreement between the parents, the father can go to court to claim this right.
3. Judicial Intervention: In cases where no agreement is reached with the mother regarding joint parental care, the father has the right to file an application in court. The court, taking into account the child's best interests, may decide on joint exercise of parental care or assign specific responsibilities to the father.
4. Child Support and Communication: The father has the right to see his child and participate in their life. If the mother denies this communication, the father can go to court to establish his right to communicate with the child.
5. Appeal to the Ombudsman: The father can also appeal to the Ombudsman for issues related to parental care and communication rights if he feels his rights are being violated.

What Can a Father Do in Case of Dispute?

If the mother refuses consent for recognition or the father's participation in the child's life, the father has the following options:

• Judicial Recognition: The father can file a lawsuit for judicial recognition of the child. If the lawsuit is accepted, the father acquires all rights derived from paternity, including parental care and communication rights.
• Mediation: In many cases, mediation can help find a consensual solution between parents, avoiding legal disputes and promoting the child's best interests.
• Interim Measures: If the father is concerned that his rights are at risk or if the mother denies communication with the child, he can request interim measures from the court to protect his rights until a final decision is made.

Conclusions

The need for more progressive legislation that reflects contemporary reality is imperative. Legislative equalization of fathers' and mothers' rights, regardless of whether the child was born within or outside of marriage, is necessary to promote the child's best interests and recognize parental equality. Fathers should be able to claim an active role in their children's upbringing and protect their rights, thus contributing to the smooth development of their children.

Sources

1. Kounougeri-Manoledaki, "Family Law," Volume II, pp. 288-289.
2. Civil Code, Articles 1510, 1515.
3. Law 4800/2021 on family law.
4. Athens Court of Appeals Decision 2019/2013.