Friday, July 25, 2008

Affiliation procedures in other countries

In the British colonies, and in the states of the United States (with the (usually termed filiation) akin to that described above, by means of which a mother can obtain a contribution to the support of her illegitimate child from the putative father.
The amount ordered to be paid may subsequently be increased or diminished (1905; 94 N.Y. Supplt. 372). On the continent of Europe, however, the legislation of the various countries differs rather widely. France, Belgium, the Netherlands, Italy, Russia, Serbia and the canton of Geneva provide no means of inquiry into the paternity of an illegitimate child, and consequently all support of the child falls upon the mother; on the other hand, Germany, Austria, Norway, Sweden, Denmark and the majority of the Swiss cantons provide for an inquiry into the paternity of illegitimate children, and the law casts a certain amount of responsibility upon the father.
Affiliation, in France, is a term applied to a species of adoption by which the person adopted succeeds equally with other heirs to the acquired, but not to the inherited, property of the deceased.
In India, affiliation cases are decided by section 125 of Criminal Procedure Code (Cr.P.C.). According to this section - among other things - if a person having sufficient means neglects or refuses to maintain his illegitimate child, a magistrate of the first class may, upon proof of such neglect or refusal, order such person to make a monthly allowance for the maintenance of such child.

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