Parentage

Parentage is generally used for a legal relationship which the child has with the parents.These legal relationships are associated with certain rights and duties such as rights of inheritance, maintenance, and guardianship.

Parentage by in two ways

1.By birth (regular, irregular )

2.By acknowledgement  (maternity and paternity) 

Allah has not made for a man two hearts in his interior. And he has not made your wives whom you declare unlawful your mothers. And he has not made your adopted sons your [true] sons. That is [merely] your saying by your mouths, but Allah says the truth, and He guides to the [right] way. Muslim law recognizes the institution of “ikrar” or “acknowledgement”.Muslim law prescribes a means whereby the marriage and legitimacy may be established as a matter of substantive law and that is acknowledgement of paternity.

Fazilatunnissa  Vs  Kamarunissa  (AIR 1904 9 cal.  W N 352) 

Court held that the doctrine of acknowledgement is an integral portion of the Muslim law.

It receives full recognition.

It can be made either express or implied.

Maternity in Muslim Law

In Muslim law, maternity of a child is established in the woman who gives birth to the child, irrespective of the fact whether she is married or unmarried or child is outcome of adultery (Zina).

Under Sunni law:

The woman who is giving birth to a child will be his/her mother irrespective of whether the birth was the result of a valid marriage or adultery (Zina). Rashid Ahmed Vs. Anisa Khatun, AIR 1932 PC 25 court held that the child acknowledged was the issue of marriage between the divorced persons. the husband had repudiated the marriage in talai-ul-bidaa and no intermediate marriage and divorce of the woman took place. thus, the marriage was void. The child is entitled to inherit from his/her mother. So it can be said that under Sunni Law, an illegitimate child has his/her maternity in the woman who gave birth.

Under Shia law:

The child who is born out of lawful marriage only that woman will be his/ her mother. So only birth is not sufficient to establish maternity under Shia law, it has to be also proved that the birth was a result of a lawful marriage. All other outcome will be treated as illegitimate child. So the illegitimate child under Shia law can inherit neither from father or mother.

Paternity in Muslim Law

In Muslim law, paternity of a child is established in a man only when the child is a legitimate child i.e. the father-child relationship is entirely based on the lawfulness of marriage between both the parents. So it can be said that a child will be legitimate only when the marriage is a valid.

Legitimacy in Muslim Law

A person born in lawful marriage is said to be the legitimate child of the spouses.So the main point in case of the legitimacy of a child is the marriage between his or her parents.

The Presumption of Legitimacy

1. A child born within six months after the marriage: the child is illegitimate unless the father acknowledges the child.

2. A child born after six months from the date of marriage is presumed to be legitimate.

3. A child born after the dissolution of marriage is legitimate-

a. Under Shia Law, if born within 10 months.

b. Under Hanafi Law, if born within 2 years.

c. Under Shefai and Maliki, if born within 4 years.

Basic Principles of Acknowledgement

1. Express or implied acknowledgement

2.Age of the Acknowledgement

3.The child of others

4.Offspring of Zina

5.Legal marriage possible between parents of the child acknowledged

6.Person acknowledged should confirm acknowledgement

7.Competency of the Acknowledgement

Rights created by getting acknowledgement of paternity. 

It is valid acknowledgement of a paternity is made, the following rights are:

1.It rises a presumption of valid marriage between the acknowledgment and the mother of the person acknowledged.

2.The acknowledgement and the acknowledged person have mutual rights of inheritance.

3.The mutual rights of inheritance also arise between the acknowledgement and the mother of the acknowledged person.

4.It also has some benefits to establishing paternity for the mother the father and the child.

Child rights

Fathers name both the certificates. Legal record of the identity of the both parents. Information on family medical history if needed for the purpose of the child’s medical treatment Emotional benefits of knowing both parents. Health or life insurance from either parents, if available.

Gestation

As per Indian evidence Act

According to section 112 of the Indian Evidence Act, if a child is born during the marriage or within 280 days after the dissolution of marriage, the child shall be presumed to be the legitimate child of the spouses. This section raises a legal presumption for the legitimacy of a child under two circumstances:

1.When the child is born during the continuance of valid marriage.

2.With 280 days of the dissolution of marriage, provided the mother remains unmarried. 

The fact that the child is born between these two periods as contemplated above, is considered to be conclusive proof of legitimacy. Muslim Law and Indian Evidence Act there is a window whereby the presumption of legitimacy of a child can be denied.

CONCLUSION

The acknowledgement of paternity under Muslim Law is in the nature of a declaration by the father that a child is his legitimate offspring. It is not a process of legitimation of an illegitimate child in Sadik Hussain Vs. Husain Ali (1916) 43 IA 212 The Privy Council observed that no statement made by one man that another who is proved to be illigimate but where no proof of that kind is given, such a statement or acknowledgement is substantive evidence that the person so acknowledged is the legitimate child of the person, who makes the statement, provided his legitimacy is possible. The Acknowledgement of paternity may be expressed or implied.