Can Illegitimate Children Claim Rights to Their Parent's Property?

The inheritance rights of illegitimate children (often referred to as illegitimate or illegally born children) depend on the legal framework of the country or jurisdiction. Historically, many legal systems did not recognize the inheritance rights of children born outside of marriage. However, modern laws in most countries have evolved to grant equal rights to both legitimate and illegitimate children in terms of inheritance.

Legal Rights of Illegitimate Children

Right to Inherit from Biological Parents: In most jurisdictions, illegitimate children have the right to inherit from their biological parents, especially if the parent’s will or the applicable inheritance laws provide for them. The laws surrounding inheritance have largely shifted to be more inclusive, ensuring that children born outside of marriage are treated equally in terms of inheritance rights.

Legitimacy and Equal Treatment: Many countries, particularly those that have ratified international human rights treaties like the Convention on the Rights of the Child, have eliminated distinctions between legitimate and illegitimate children when it comes to property rights. For example, in India, under the Hindu Succession Act (1956), children, whether legitimate or illegitimate, have an equal right to inherit their parent's property, provided that the parents acknowledge their parentage.

Proving Parentage: For an illegitimate child to claim inheritance rights, they generally need to establish proof of parentage. This might include DNA tests, birth certificates, or any formal acknowledgment by the parent (such as inclusion in a will or testament). In many jurisdictions, if the parent has recognized the child legally (either during their lifetime or in a will), the child can claim the inheritance.

The Role of a Will: A parent can legally choose to leave their property to anyone, regardless of legitimacy. If a parent wishes to exclude an illegitimate child from inheritance, they must do so explicitly in a legally valid will. However, if the parent dies intestate (without a will), illegitimate children may still have inheritance rights under intestate succession laws, depending on local law.

Differences Based on Jurisdictions: While many modern systems have equalized the inheritance rights of legitimate and illegitimate children, there are still jurisdictions where differences exist, especially in cases involving inheritance from grandparents or in certain religious law systems (like under Islamic law). In some countries, illegitimate children might have reduced inheritance rights in the case of non-biological parents (such as a step-parent’s estate).

Rights in Case of Step-Parents or Adoptive Parents: The situation becomes more complicated when it involves step-parents or adoptive parents. In some countries, an illegitimate child might have no claim to inheritance from a step-parent or adoptive parent unless they were formally adopted.

Example

In countries like the United States, Canada, and much of Europe, illegitimate children have the same inheritance rights as legitimate children, provided they can establish biological parentage. For instance, in the U.S., the Uniform Parentage Act allows illegitimate children to inherit from their biological parent if paternity is legally established.

In India, Section 16 of the Hindu Marriage Act (1955) grants illegitimate children the right to inherit from their mother and her family. Additionally, the Hindu Succession Act (1956) states that illegitimate children can inherit from their father’s estate if paternity is proven or recognized.