Analyzing the effect of denial of parentage on the financial and non-financial rights of children in Iran's legal system

Subject Areas : Journal of Law and Politics

Maryam ul Sadat Mohaghegh Damad ¹ , Reihaneh Jalali Farahani ²

1 - Assistant Professor of Imam Sadegh(AS) University, Sisters Campus
2 - Master's student of Islamic Studies and Family Law, Imam Sadegh (AS) University, Sister campus

Received: 2023-07-13 Accepted : 2023-09-16 Published : 2023-08-23

Keywords: Laan (Solemn Malediction), Negation of lineage, Denial of lineage, Illegitimate child, Principle of Farāsh ‏ (rule of marital paternity presumption‏), Rejection of Paternity,

Abstract :

Relative relationship may be denied for various reasons and motivations. The denier of relative relation claims that the relative relation that apparently exists is contrary to reality. In general, any person who benefits from the denial of lineage can file a lawsuit for denial of lineage. Therefore, the purpose of writing this article is to clearly state the approach of Iranian law towards the legal status of a child whose parentage has been denied. Since there may be a difference between the rights of a child whose parentage is denied and the rights of a child who does not have this feature, it is necessary to determine which of the financial and non-financial rights is different between the child whose parentage is denied and the child whose not. The result of this research is that those rights that such a child still enjoys are financial rights, alimony and non-financial rights, guardianship, custody, family name and birth certificate. Inheritance is also a right that is affected by denying lineage.