It is obvious that a child who is not married also deserves the care and support of both parents. In practice, it may often appear that the child is looked after by a single mother who may not be able to perform paid work with additional duties. According to the law, both the child and the mother may be entitled to maintenance in this situation. The Supreme Court decided that material support for the mother is also indirect help for her child.
The basis for the claims of the mother of an extramarital child against the child’s father is Art. 141 of the Family and Guardianship Code. According to this provision, the father, who is not the mother’s husband, is obliged to contribute to covering the expenses related to:
- pregnancy and childbirth,
- three-month support of the mother during childbirth.
This assistance should be adequate to the circumstances.
Importantly, in the further part of this provision, the legislator specified an additional obligation of the child’s father. The mother may, therefore, demand the father’s share in the cost of her living for a period longer than three months if there are important reasons for this.
The Supreme Court in judgment ref. No. II CR 418/78 recognized the extension of the obligation to maintain the mother as a further protection of the rights of the child. Securing a mother’s support is intended to provide the child with the necessary care in a special situation. The Supreme Court recognized the situation in which the mother ceased gainful employment due to giving birth and did not have the means to ensure the necessary support as an important reason for extending the obligation to maintain the child’s mother.
KS