Class Lecture of Paternity Rights

Introduction

Shapiro asserts that the relationship between paternity and illegitimacy is the most
effective method of tracing the history of the paternity suit. Legitimacy has been a source of
concern for society for as long as there has been a legalised marriage system in place. The fact
that the father's identity was unknown made no difference when it came to labelling a child as a
bastard. It didn't matter whether or not the child's biological father stepped forward to claim the
child as his own; the infant was still considered a bastard because of the mother's marital status at
the time of birth, which had remained unchanged throughout history. It was common practise in
ancient times to deal with illegitimacy in an uncomplicated manner: the pregnant woman who
was unmarried or unfaithful was put to death. An adulterer and his or her adulteress were both
required to be stoned to death under Old Testament law. In the context of such a public policy,
there was no legal necessity to certify paternity. Paternity became less significant as a result of
such public policies.

Overview

Being recognized as a legitimate kid, as well as having the right to be regarded in the
family's property succession, follows as a natural consequence of his or her status as a member
of the family In contrast to the right to support, the right to inherit does not constitute a basic
aspect of the family. 4 It is possible to think of the right as something that was created within the
family. Tradition dictated that property was held by a social group, such as a family, rather than
by a single individual. The death of the patriarch has no ramifications because the family is run
like a company. The universitas juris as a whole continues to be in the authority of the family.