The most comprehensive compilation of information on the status of
women in the world.

Latest items for CUST-LAW-2

Sept. 21, 2017, 5:35 p.m.
Countries: United States
Variables: MARR-PRACTICE-3, CUST-LAW-2

"This whole legal mess is rooted in laws that were written more than half a century ago, experts say. Back then, society didn't legally acknowledge parental rights for children who were born to unmarried women -- 'or, to use an antiquated term, "born out of wedlock,"' said Multnomah County, Oregon, Circuit Court Judge Katherine Tennyson, president of the National Council of Juvenile and Family Court Judges. 'So traditionally, laws didn't take into account how was the child was conceived'"(para 27-28)
Aug. 23, 2016, 7:43 a.m.
Countries: Slovenia
Variables: CUST-LAW-1, CUST-LAW-2

"The law demands special care and vigilance on the part of the court in protecting the interests of children. Parents must agree on a plan for their care, education, upbringing, and a visitation schedule for the noncustodial parent. The court—as the guardian of the child’s interests—decides on the appropriateness of such an agreement. The agreement must declare which parent will be the custodial parent (who is to be his or her legal guardian) and the obligations and rights of the noncustodial parent. The child, more-over, has the right to express his or her wishes in this matter. In Slovenia there are three possibilities: The child may be assigned to one ...more
July 27, 2016, 4:21 p.m.
Countries: Venezuela
Variables: CUST-LAW-2

"Chapter V On social rights and families Art. 76 Maternity and paternity are integrally protected, regardless of the marital status of the mother or the father. Couples have the right to decide freely and responsibly on the amount of children they wish to have and to have access to the means and information that allow them to exercise this right. The state will guarantee the assistance and integral protection during maternity, in general since conception, throughout the pregnancy, the delivery and post-partum. It will ensure family planning services based on ethical and scientific values. The father and the mother have the shared and unrecognisable duty to raise, instruct, educate, support ...more
July 27, 2016, 3:44 p.m.
Countries: Cuba
Variables: CUST-LAW-2

“Art.65 All children are equal and therefore are entitled to the same rights regarding their parents, regardless of their marital status” (11). This was translated from Spanish to English by CCR. (MLFD – CODER COMMENT)
July 26, 2016, 5:58 p.m.
Countries: Spain
Variables: CUST-LAW-2

"Written in 1978, last revised 2011. Spanish constitution, Third Chapter Of the reigning principles from social and economic policies, Art. 39. 2) The public powers also ensure the integral protection of children, they have the same rights before the law regardless of their filiation, and the marital status of their mothers. The law will enable investigations regarding paternity. 3) Parents should provide any kind of assistance necessary to their children, disregarding if they were born within or outsid of marriage, for as long as they are minors and in cases in which it is legally necessary" (8). NOTE: This is not addressed in the civil code, only in the constitution; ...more
July 26, 2016, 5:43 p.m.
Countries: Panama
Variables: CUST-LAW-2

"Art.237 All children, male or female, are the equal before the law and have the same rights and duties regarding their parents, be them by kinship or adoptive." This was translated from Spanish to English by CCR. (MLFD - CODER COMMENT)
July 26, 2016, 5:24 p.m.
Countries: Peru
Variables: CUST-LAW-2

"Art.235 Parents are obligated to provide for the support, protection, education and upbringing of their children who are minors according to their situation and possibilities. All children have the same rights." This is translated from Spanish to English by CCR. (MLFD - CODER COMMENT)
July 26, 2016, 4:52 p.m.
Countries: Argentina
Variables: CUST-LAW-2

"The concept of equality manifests itself in two different ways in the Argentinian system: equality in the rights of the children (whether they were born in or out of wedlock) and in the determination of parentage." This was translated from Spanish to English by CCR. (MLFD - CODER COMMENT)
July 26, 2016, 2:37 p.m.
Countries: Germany
Variables: CUST-LAW-2

"The Court noted that it was not in dispute that the application of the relevant provisions of domestic law had created a situation in which a child born outside marriage before the cut-off date of 1 July 1949 was treated differently not only to children born within marriage but also to children born outside marriage both before – as concerned children covered by the law of the former GDR whose father had been resident in GDR territory at the time of reunification – and after that cut-off date. In the Court’s view, the arguments put forward for maintaining the provision in question were no longer valid today; like other European ...more
July 26, 2016, 1:58 p.m.
Countries: Paraguay
Variables: CUST-LAW-2

"Art.225 Legitimate children: Children conceived during the common law marriage are considered legitimate” (21). This was translated from Spanish to English by CCR. (MLFD - CODER COMMENT)
July 26, 2016, 1:54 p.m.
Countries: Paraguay
Variables: CUST-LAW-2

"Art.256 Child support on the grounds of kinship comprehends an amount sufficient for survival, room and dress, as well as healthcare. If the person benefiting from child support is in an age where it is required to receive an education, this should also be covered by child support. Child support is granted through kinship not on the grounds of marital status" (24). This was translated from Spanish to English by CCR. (MLFD - CODER COMMENT)
May 15, 2016, 7:55 p.m.
Countries: Montenegro
Variables: CUST-LAW-2

"Although the child has the right to live with both parents, following divorce this is no longer possible. The court is obliged to determine by its divorce judgment which parent will continue to take care of children, guided by the child’s interest. For the first time, the Family Law introduces in our legislation the provision that parents may continue to jointly exercise parental right even when they cease cohabitation, provided that they sign an agreement on joint exercise of parental right and that the court deems that such an agreement is in the child’s best interest (Article 76, par. 2). Thus, parents can exercise all the rights and duties from ...more
Feb. 26, 2016, 10:59 a.m.
Countries: Guinea
Variables: CUST-LAW-2

"The Civil Code also awards certain exclusive rights to husbands, such as the following...Fathers have guardianship of minor children as long as both parents are living. In the event of the father’s death, a guardian is selected by a family council, which will also decide who has care of children aged over 7 in the event of divorce" (28)
Jan. 18, 2016, 4:56 p.m.
Countries: Brazil
Variables: CUST-LAW-2, CUST-LAW-3

"On November 5, 2008, Brazilian President Luiz Inácio Lula da Silva signed Law No. 11,804, making it mandatory that the alleged father of a child pay child support during the mother's pregnancy. In the past, the father was only compelled to pay child support after the baby was born and paternity was proven through a DNA test. Article 6 of the Law now establishes that the mother can file a petition asking the court for child support, and if the judge is convinced that the man indicated by the mother is the father of the child, the court may grant the mother the benefit and require the father to pay. ...more
Jan. 17, 2016, 7:05 p.m.
Countries: Kenya
Variables: CUST-LAW-1, CUST-LAW-2

"Further, custody is almost always awarded to the father when a customary marriage ends in divorce. The Children’s Act of 2001 also stipulates that the children born to unmarried mothers are the sole responsibility of the mother; only when the father claims responsibility or lives with the mother for 12 months following birth does he gain legal responsibility" (Para 3)
Jan. 17, 2016, 6:55 p.m.
Countries: Kazakhstan
Variables: CUST-PRACTICE-1, CUST-LAW-2, CUST-LAW-3

"Mikhail Klenchin, a law specialising in divorce cases, told IWPR that filing for a court order is a simple process, and is exempt from the normal state tax. 'It should be noted that alimony payments can be ordered not just after a divorce, but also in cases where there has been no marriage, and also while the couple are still married,' he explained. The claimant can name any sum she wants in her application, but the rates are set according to the man’s income and depend on the number of children – a quarter of his wages for one child, a third for two, and half when there are three ...more
Jan. 16, 2016, 3:47 p.m.
Countries: Jamaica
Variables: CUST-LAW-2

Children are "legitimate whether the parents are married or not" (22)
Jan. 16, 2016, 3:09 p.m.
Countries: Israel
Variables: CUST-LAW-2

"Although they make a distinction, a child born out of wedlock is not necessarily illegitimate. Rabbinical law recognises two types of child: The ‘lawful child’ which includes a child born in wedlock and a child born to a couple neither of whom have been married. A ‘bastard child’ is one born as a result of an illegal relationship such as an incestuous union or a relationship between man and a married woman. A married woman being a woman married according to Jewish law and not otherwise. A child born to a married man and unmarried woman was not forbidden by the Torah and is called ‘a child of the unmarried’ ...more
Jan. 16, 2016, 2:59 p.m.
Countries: Ireland
Variables: CUST-LAW-1, CUST-LAW-2

"By law, an unmarried mother is the sole guardian of a child born outside of marriage. Unless the mother agrees to sign a statutory declaration, an unmarried father must apply to the court in order to become a legal guardian of his child. It is not necessary for a father to have guardianship before he applies for access or custody. The Children and Family Relationships Act 2015 provides for some changes. These changes have not yet come into effect. The changes are: A parent's spouse or civil partner, or a parent's cohabitant of not less than 3 years' duration, can apply for custody where they shared parenting of the child ...more
Jan. 15, 2016, 8:41 p.m.
Countries: Iceland
Variables: CUST-LAW-1, CUST-LAW-2

"When a child is born in wedlock the custody is given to both parents in all the Nordic countries. In the case of Iceland (from 1981) this applies also for children born to parents in registered cohabitation. When a child is born out of wedlock the custody rests solely with the mother" (20)
Jan. 15, 2016, 7:45 p.m.
Countries: Haiti
Variables: CUST-LAW-2

"Childre born outside of marriage are subject to legal discrimination in that an article of the Civil Code denies their right to know their father's identity" (116)
Jan. 15, 2016, 7:43 p.m.
Countries: Haiti
Variables: CUST-LAW-2

"However, children born outside of marriage are subject to legal discrimination, a significant problem given the high percentage (up to 85 percent) of partnerships in Haiti that take the form of unregistered ‘consensual unions’ (known as plasaj) rather than legal marriage. Specifically, an article of the Civil Code denies their right to know their father’s identity, unless he acknowledges them as his children" (Para 3)
Jan. 15, 2016, 7:38 p.m.
Countries: Guyana
Variables: CUST-LAW-2

"Legitimate irrespective of whether the parents are married or not" (22)
Jan. 15, 2016, 3:29 p.m.
Countries: Ghana
Variables: CUST-LAW-2

"Marriage ordinance and Article 28(1)(b) of the 1992 Constitution of the Republic of Ghana - a child born out of wedlock is no longer illegitimate under the law" (9)
Jan. 15, 2016, 2:01 p.m.
Countries: Gambia
Variables: CUST-LAW-2

"A child born in the Gambia is legitimate whether the parents are married or not" (9)
Jan. 15, 2016, 12:41 p.m.
Countries: Fiji
Variables: CUST-LAW-2, CUST-LAW-3

"A biological father who is not married to the child’s mother, may be ordered by the Court, to make contributions for: Financial support for the mother for the period relating to birth of the child; Reasonable expenses relating to pregnancy or birth; and Funeral expenses for the mother or child if either dies during pregnancy or birth. You must apply to the Court by using Form 5 at anytime during the pregnancy of the mother or after the birth of the child, but no later than six (6) years after the birth of the child, except with leave of the court" (Para 48, 49)
Jan. 15, 2016, 10:59 a.m.
Countries: Eritrea
Variables: CUST-LAW-2

"All children are legitimate and equal regardless of whether or not the parents are married" (8)
Jan. 15, 2016, 10:51 a.m.
Countries: Egypt
Variables: CUST-LAW-2

"Al-Hinnawy says she raised the suit out of concern for her daughter’s welfare. 'She has a right to be raised normally, to be like any baby,' she says. But because Lina has no official father, explains al-Hinnawy, she will face social stigma and discrimination all her life. 'She cannot be put in a good school,' adds al-Hinnawy. 'She’ll have lots of problems. Parents will ask their children not to play with this kid because she’s illegitimate.' Lina will also face legal and administrative hurdles. Egyptian law requires that fathers hold their children’s birth certificates. Illegitimate children, therefore, 'grow up without a name, without any care from the government,' says Lamia ...more
Jan. 15, 2016, 10:43 a.m.
Countries: Egypt
Variables: CUST-LAW-2

"Under amendments to the child law (No. 12 of 1996) made in June 2008, Article 20 now permits illegitimate children to receive birth certificates in the mother’s name if the father is unknown. Previously, such children were left without an official identity unless their fathers voluntarily claimed them. If left unclaimed, they were denied all citizenship rights, including the right to vaccinations, education, and Egyptian nationality. The new provision greatly helps children born out of wedlock or resulting from urfi marriages, although on the societal level, such children often remain stigmatized" (10)
Jan. 15, 2016, 9:37 a.m.
Countries: East Timor
Variables: CUST-LAW-2

"In accordance with the Constitution, the Civil Code does not grant different rights to legitimate and illegitimate children" (15)