Chapter II
Parentage
Parentage. Birth implies parentage and the reciprocal duties of parent and children. These may be considered under two heads: (A) the reciprocal duty of support; (B) the parental power and its consequences.
A. The reciprocal duty of support.
The reciprocal duty of support between parents and children.
A father must support his children,[1] i.e. he must supply them with necessary food, clothing, shelter, medicine, and elementary instruction.[2] The duty extends to emancipated children[3] (i.e. to such as have reached or are deemed to have reached full age), if they have not sufficient means for their ovm support;[4] and it includes illegitimate[5] as well as legitimate children or further descendants.[6] The obligation is personal and ends with the father's death.[7] The father does not escape liability- ↑ Gr. 1. 9. 9; Van Leeuwen, 1. 13. 7; Voet, 25. 3. 5; and grandchildren too if their parents are dead or indigent. Ibid. sec. 7. According to Van Leeuwen (ubi sup.), a man is obliged to support and educate his brother, sister, or brother-in-law, whether of the whole or of the half blood, in case they have become reduced to poverty, and also his natural brother. For Brit. Gui. see Ords. Nos. 13 and 14 of 1903, supplementing the common law [G.].
- ↑ Van Leeuwen, 1. 13. 8 (ad fin.); Voet, 25. 3. 4.
- ↑ Dig. 25. 3. 5. 1; Voet, 25. 3. 5.
- ↑ Dig. 25. 3. 5. 7; Voet, 25. 3. 14–15.
- ↑ Voet, 25. 3. 5; including incestuous and adulterine issue. Secus, jure civili. Nov. 89, cap. xv.
- ↑ Voet, 25. 3. 7.
- ↑ Voet, 25. 3. 18; so says Voet here and elsewhere (e.g. 23. 2. 82); contra, Groen., de leg. abr. ad Dig. 34. 1. 15. ‘Upon the question whether the obligation of a father to support his children passes to his heirs, the authorities are by no means agreed.’ Sir Henry de Villiers C.J., in Carelse v. Estate De Vries (1906) 23 S. C. at p. 536. In this case it was held that deceased's estate being more than sufficient to pay
by subsequent marriage presupposes that marriage could have taken place between the parents at the time of the birth of the child. But Voet allows legitimation if marriage within prohibited degrees is afterwards contracted with the necessary dispensation in cases where dispensation is permitted by law. In Ceylon illegitimate children are legitimated by subsequent marriage unless procreated in adultery. Ord. No. 2 of 1896, s. 22.
