The law On The Legal Status of Children Born Out Of Wedlock

The phrase of “legitimacy” has become a contraversial issue with regard of the children who borned outside of marriage. Under the related law of North Cyprus, a legitimate child means when a child has borned under the marriage. On the other hand, illegitimate child means a child who was born to unmarried parents.

Although the mother of a child who was born outside of marrige is practically identifiable, it will be contraversial and complex to identify the father. Under the new law in North Cyprus, “The law of Children born outside of marriage”, parents or child, at any time can apply to a court by filing a lawsuit to determine a paternity.

Under the related law, in order to be legitimate, the child need not neccesarily be borned under the marriage. In fact, under the clause 40 of the Family Law, 1/1998, a child who has been borned in 302 days following the death of of man or end of the marriage, is deemed to be legitimate. Accordingly, despite of the fact that child was actually borned outside of marriage, child is deemed to be legitimate provided that child was borned in 302 days following the end of marriage and/or the death of father, and putative father is the man whom the mother had been married or man who had passed away since 302 days.

However, this is a rebuttable presumption. According to the clause 40(2)of Family Law, a man can file a lawsuit to determine the paternity in 1 month from the date of when he has been notified that he has allegedly illegitimate child who borned outside of marriage. Therefore, if a man is failed to open a lawsuit in a month from when he has find out about illegitimate child, then he will lose his right to do so.

Nevertheless, the regulation with regard of time limitation to determine the paternity has been changed by The law of Children born outside of marriage, 20/21. According to clause 6 of this law, regardless of whether the father has been registered or not, mother, father and child, at any time, can file a lawsuit to determine the paternity and to enable the rectification of the register.

The court has discretion and power to order of making required medical tests including DNA tests and any other, in order to prove the blood tie between petitioner and defendant. Although, the court has no power to compell the parties to give samples to enable the tests, if a party, without reasonable cause, refuse to provide sample or to perform an ordered medical tests, then this will be taken into an account as against defaulted party in the judgement of the court.