!!!Uneheliche Kinder
Illegitimate Children, children whose mother has never been married
and children who are born more than 302 days after their mother's
marriage has been dissolved. The man who cohabited with the mother of
an illegitimate child between the 302%%sup nd/% and 180%%sup th/%
day before birth is regarded as the father of that child. Paternity is
established by judgement or acknowledgement. The child's legal status
is mainly laid down in the Law on Illegitimate Children of 1970 and in
the Kindschaftsrechtsaenderungsgesetz (Amending Law on Parent/Child
Relationship) of 1989 (in force since 1991). Illegitimate children are
given their mother's maiden name and citizenship; moreover, the mother
is solely responsible for her child's custody and education. While
until 1991 official guardians ( Youth Affairs, Office of) were in
charge of administering illegitimate children's property and also
acted as their legal representatives, today it is the mothers
themselves who represent their children's interests; in 1991 the
inferior legal status of illegitimate children regarding succession
was abrogated, so that today legitimate and illegitimate children are
equal before the law. The number of illegitimately born children in
Austria rose from 12,665 in 1975 to 25,075 in 1993.
!Literature
H. Koziol and R. Welser, Grundriss des buergerlichen
Rechts, vol. 2, 1991.
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