Equality of rights and responsibilities of children born to unmarried persons (an academic essay on the positive legal content of Article 53 of the Russian Family Code)

Abstract

Assessing the location of Article 53 in the structure of Chapter 10 of the Russian Family Code "Establishing the origin of children", the author analyzes the legal entities that determined the positive legal meaning of this norm. Its place and role in the text of the law remain underestimated, while the ideology of equality of all children by descent dominates this institution, without it it loses its purpose. Based on the results of scientific reasoning, the author came to the following conclusions. The right to respect and privacy is not only the right of an adult, but also of a child. The right to a family and family upbringing guaranteed to a child is a public good for every child born. No matter in which family and in what circumstances a child is born, his birth is always legitimate. All born children have an equal right to establish dual (maternal and paternal) parentage. The current procedure for establishing the child's origin is organized so that each child finds a family and a family environment. The difference in the conditions and circumstances of birth does not affect the fact that all children have the same origin - from their mother and father. Any attempts to divide born children into groups, categories, and types in order to emphasize differences related to their origin are nothing more than an unconscious departure into legal patriarchy, which was unaware of the tools of equality and the legitimate variety of ways to establish paternal origin.