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Extramarital Affiliation Is Abolished Discrimination Between Children Born Within And Outside Marriage - Full Text Of The Norm


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image inicio sitio infoleg MInisterio de Justicia y Derechos Humanos
LEY N° 14.367

Discrimination between children born within and outside marriage is eliminated.

Sanctioned: Sep-30-1954

Promulgated: Oct-11-1954


The Senate and Chamber of Deputies of the Argentine Nation, meeting in Congress, sanction with force


ARTICLE 1 .- Eliminate public and official discrimination between children born of persons who are united by marriage and of persons who are not united with each other by marriage and the qualifications established by the legislation in force with respect to the latter.

The rights and obligations of parents and children shall be derived from the existing legal provisions, as amended by those of this Act.

Persons covered by Act No. 13.252 shall continue to be subject to the law.

ARTICLE 2°. - The recognition of the child is irrevocable, it cannot be subject to modalities that alter its legal consequences, nor does it require the acceptance of the child. It may be done by the father or the mother, jointly or separately:

1 By declaration to the Civil Registry officer, made at the time of birth registration or later;

2° By public or private instrument;

3° By provision of last will, although the recognition was made by incident.

ARTICLE 3. The filiation of children born out of wedlock shall be governed by article 325 of the Civil Code. It will not proceed, however, when it is intended to attribute the child to a married woman.

ARTICLE 4.- The filiation of children born out of wedlock, recognized by their parents, may be answered, at any time, by their own children, or by the forced heirs of those who make such recognition, within 90 days, since the recognition is notified to them.

ARTICLE 5°.- The Civil Registry shall issue only birth certificates that are drafted in a manner that does not result if the person has been or has not been granted during the marriage.

The testimony of the departure may be granted only at the request of the person concerned, his or her parents, his or her legal representatives or by court order, at the request of the person who demonstrates a legitimate interest.

ARTICLE 6°. Children voluntarily recognized or declared by a court decision shall use the surname of the author of such recognition or of the parent declared by the judgement. If the father and the mother were in such a case, it would be appropriate to use the surname of the first person to be found in the case indicated: but the child may replace the mother ' s surname by the father, or before the father, when the father ' s father ' s name was credited after maternity.

ARTICLE 7.- In the case of successor law, the provisions of this law shall be applied in the successions that are opened after their promulgation: but in no case shall the rights resulting from acts performed prior to their promulgation be altered.

ARTICLE 8°.- Children born out of wedlock shall have in the succession of the parent a right equal to half that which assigns the law to children born within wedlock.

ARTICLE 9°.- The available portion of the parent, to whose succession were born within and outside marriage, is limited to one tenth of his or her acquis.

The duties inherent in parental authority are extended to the parents of children born out of wedlock, throughout the term of the minority of the latter and in the same way the responsibilities and sanctions imposed by Law 13.944

ARTICLE 11. With regard to the rights of parents within the case of the preceding article, they were confined to the food benefit, and to the usufruct if there was a spontaneous recognition.

ARTICLE 12. Contact the Executive.

Given in the meeting room of the Argentine Congress in Buenos Aires, September 30, 1954.

Alberto H. Reales
Rafael V. González

- Registered under number 14.307-

Buenos Aires, 11 October 1954


Please follow the National Law, fill in, report, publish, give to the General Directorate of the National Register and archvese.

PERON. Angel G. Borlenghi