Child support for a child born outside marriage: the right, paternity and registration
The parents’ marital status changes nothing in the child’s right to support. What does matter is a question that comes before it: has paternity been established. Everything else, from support through inheritance and National Insurance rights, follows from that.
“Parents arrive convinced the question is how much. In practice the first question is how the father is registered, and sometimes it is solved by a single form at the hospital.”
Adv. Ester Efrati · Head of the Family and Inheritance Department
The right does not depend on marriage
A child born to parents who did not marry each other is entitled to support exactly as a child born within marriage. Israeli law has no hierarchy of children for this purpose, and the nature of the relationship between the parents does not change the scope of the obligation.
This holds for every configuration we meet in practice: parents living together as common law partners without marrying, parents who separated before the birth, a short relationship that did not last, and planned co-parenting between two people who are not a couple. See shared parenting and common law partners.
Two consequences follow directly. First, support is the child’s right and not the right of the parent who receives it, so a waiver in an agreement between the parents does not prevent the court from reviewing the matter. Second, financial hardship on the part of the paying parent does not remove the obligation; at most it affects the amount.
The only practical difference between a child born within marriage and one born outside it is not in the right itself but in the route to it. Where the parents are married, paternity is registered automatically. Where they are not, it has to be established.
Where the obligation comes from
The support obligation in Israel does not come from a single source. The Family Law Amendment (Maintenance) Law, 1959 provides that a person is liable for the maintenance of his minor children under the personal law applying to him, and where no personal law applies the obligation arises under the statute itself.
The definition of “child” in the statute is not conditioned on the parents’ marital status, which means the same mechanism applies where the parents never married.
For those to whom Jewish law applies, the religious source does not distinguish here either. The Ushha enactment, from which the father’s duty to maintain his minor children derives, rests on a moral rationale, and the case law has repeatedly stressed that it applies to a child born outside marriage as well. In other words, both the religious layer and the civil layer reach the same result.
What does remain different is the burden of proof. Within marriage a presumption operates in favour of the husband being the father. Outside marriage there is no such presumption, and that is precisely why paternity is the first question.
How it is divided by age
Once paternity is established the calculation is identical to any other support file. There is no separate calculation for a child born outside marriage.
- From birth to age six. For those to whom Jewish law applies, the father bears the essential needs as an independent obligation, irrespective of the mother’s income. The 2017 ruling did not change these ages.
- From six to fifteen. The 2017 Supreme Court ruling applies: both parents are liable, and the division between them follows the income ratio and the actual extent of parenting time.
- From fifteen to eighteen. The obligation rests on the charity principle and is assessed by the means of both parents.
- Over eighteen. There is no automatic obligation.
The components of the amount are the same as well: essential needs, housing and its upkeep, education, health and extraordinary expenses. For the calculation see child support, and for the procedure see child support claim.
One point recurs with parents who are not a couple: the actual division of time is a financial fact here too. Planned co-parenting does not cancel support, but it does change the calculation.
Registering the father voluntarily
Where paternity is not in dispute, no court proceeding is needed at all. The simple route is voluntary acknowledgment: the father signs an acknowledgment of paternity form and his name is entered in the population registry alongside the mother’s.
The most convenient moment for this is at the hospital shortly after the birth, at the population authority desk. It can also be done later at a population authority branch, but the more time passes the greater the chance that further steps will be required.
Two practical notes. First, the child’s surname does not follow automatically from the acknowledgment; it is settled by agreement between both parents. Second, voluntary acknowledgment is available where the mother is not married to another man. If she is married, or if fewer than three hundred days have passed since her previous marriage ended, registration is not automatic and an application to court is required.
Voluntary acknowledgment is not a favour to the father or a concession by the mother. It is the basis for everything that follows, including the child’s entitlements from National Insurance, so it is worth arranging early rather than once a dispute has arisen.
A paternity claim
Where the father does not acknowledge, or where the man alleged to be the father denies it, an action for a declaration of paternity is required. It is filed in the family court, and is usually filed together with the support claim so that the matter is not split.
- Who files. A parent on behalf of the minor, the minor through a guardian ad litem, or the adult child in his own name after eighteen.
- Which court. The family court, by the minor’s place of residence or the last shared residence.
- The dispute resolution stage. The requirement to open with a request for dispute resolution applies here as well. See request for dispute resolution.
- Separate representation for the child. Where the filing parent’s position is not necessarily the child’s, the court may appoint a guardian ad litem.
Paternity can also be established without a genetic test, on other evidence: the parent’s conduct, admissions, correspondence, witnesses and documentation of a shared life. That matters particularly in situations where the statute restricts testing, as set out below.
The genetic test
A genetic test for family ties in Israel is not a private matter between the parties. The Genetic Information Law, 2000 regulates it and provides that it is carried out under an order of the family court, and not on the parties’ agreement alone.
- A court order is required. The result of a test carried out outside this framework is not admissible to establish paternity.
- Consent is required. From the person tested, and for a minor from the responsible adult. A minor aged sixteen or over must also consent personally.
- The Attorney General. The statute requires that the Attorney General’s position be placed before the court where the result could have implications for eligibility to marry.
What happens where a man refuses to be tested. There is no physical compulsion, but refusal is not free of consequence: the case law has repeatedly held that an unreasonable refusal may serve as substantial evidence against the person refusing, and at times as decisive evidence. Refusal therefore tends to advance the finding of paternity rather than block it.
In the opposite direction, a man who is sued and denies paternity actually wants the test. In such cases the application is made on his behalf, and it is examined under the same rules.
When the mother is married to another man
This is the most complex situation in the field, and it differs fundamentally from every other case. Where a child is born to a woman while she was married to another man, a finding that the biological father is not the husband may lead to harm to the child’s eligibility to marry under Jewish law.
The legislature did not ignore this. The Genetic Information Law addresses exactly this situation: the court must have the Attorney General’s position before it, and it may not order a test where the result could cause such harm, other than in exceptional circumstances and on weighty grounds such as a genuine medical need.
Two practical results follow:
- The test will generally not be carried out, even where both parents request it. This is not a matter within the parties’ discretion.
- Support is still determined. The obligation does not disappear. The court examines the factual basis by other means, and at times the obligation remains with the registered father, that is, the mother’s husband.
This is precisely the point at which a proceeding run without legal guidance can cause irreversible harm to the child, and not only to the parents. We recommend filing nothing at this stage before the whole picture has been examined carefully.
What follows from establishing paternity
Establishing paternity is not only about the monthly payment. It opens a series of entitlements the child will not have without it.
- Support. As a rule the obligation runs from the date the claim was filed, not from the date of birth.
- Inheritance. The child inherits from the father as an heir at law, like any other child.
- National Insurance. Entitlements derived from the father, including survivors’ benefits.
- Guardianship and decisions. The father becomes a parent in the legal sense as well, with the duties and rights that come with it.
- Contact and parenting time. From that point it is an ordinary family file in every respect.
Paternity is therefore not merely a tool for collecting money. It defines the child’s status, which is why the court examines it from the child’s point of view rather than the parents’.
Summary
A child born outside marriage is entitled to support exactly like any other child. The difference is not in the right but in the route to it, and it comes down to one question: has paternity been established.
Three points are worth taking from here. First, where there is no dispute, voluntary acknowledgment settles everything with a single form, and the convenient moment is shortly after the birth. Second, where there is a dispute, the paternity and support claims are filed together, and refusing a test does not protect the party refusing. Third, where the mother is married to another man the rules are entirely different and nothing should be filed without prior examination.
If you are about to register, or you have met a denial, contact us to review the full picture.
What people ask most often
Is a child born outside marriage entitled to support?
Yes, exactly like any other child. The right to support does not depend on the parents’ marital status or on the nature of their relationship. The only difference is the route: where the parents are not married, paternity has to be established first.
How is the father registered when the parents are not married?
By voluntary acknowledgment. The father signs an acknowledgment of paternity form and his name is entered in the population registry. The most convenient place to do this is at the population authority desk in the hospital shortly after the birth, and it can also be done later at a branch.
What if the father refuses to acknowledge?
Then an action for a declaration of paternity is filed in the family court, usually together with the support claim so the matter is not split. The requirement to open with a request for dispute resolution applies here as well.
Can a private DNA test be used?
Not to establish paternity. The Genetic Information Law regulates the field and provides that a family-tie test is carried out under an order of the family court. A result obtained outside that framework is not admissible as evidence.
What happens if the man refuses to be tested?
There is no physical compulsion, but refusal is not free of consequence. The case law has repeatedly held that an unreasonable refusal may serve as substantial evidence against the party refusing, and at times as decisive evidence. Refusal usually advances the finding of paternity rather than preventing it.
Can paternity be established without a genetic test?
Yes. The court may establish paternity on other evidence: conduct, admissions, correspondence, witnesses and documentation of a shared life. This matters particularly where the statute restricts testing.
The mother is married to another man. Can the biological father be identified?
This is the most complex situation. Where the result could harm the child’s eligibility to marry under Jewish law, the statute requires the Attorney General’s position and severely restricts the possibility of ordering a test. As a rule it will not be carried out, even with both parents’ agreement.
Does that mean there is no support?
There is. The support obligation does not disappear. The court examines the factual basis by other means, and at times the obligation remains with the registered father, that is, the mother’s husband.
From what age to what age is support paid?
The same rules as in any support file: to age six the father bears the essential needs as an independent obligation for those to whom Jewish law applies; from six to fifteen the 2017 ruling applies and both parents are liable by the income ratio and parenting time; and from fifteen to eighteen the obligation rests on the charity principle.
Does planned co-parenting cancel support?
No. It changes the calculation but does not remove the obligation. The actual division of time is a financial fact, and where incomes are not equal a difference remains that passes from one parent to the other.
We signed an agreement waiving support. Is it valid?
Support is the child’s right and not the parent’s, so a waiver does not prevent the court from reviewing the matter. A detailed division of expenses can and should be agreed, but there is no certainty that an arrangement cancelling support will stand.
What else follows from establishing paternity besides support?
Inheritance, entitlements from National Insurance including survivors’ benefits, guardianship and full legal parenthood, and contact and parenting time. Paternity defines the child’s status and not only the monthly payment.
All pages in the Family and Inheritance department
The separation itself
The divorce processLeaving home before divorceReconciliation or divorceRequest for dispute resolutionDissolution of marriageEconomic abuseRestraining orderBreach of a divorce agreementThe children
Child supportChild support claimIncreasing or reducing supportSupport for a child born outside marriageCollecting support through National InsuranceSpreading a maintenance debtCustody and parenting timeShared parentingThe tender years presumptionChanging a custody arrangementRelocating abroad with the childrenParental alienationDealing with an alienating parentGuardian ad litemSurrogacyPaternity claimThe Youth (Care and Supervision) LawVisual parenting plan builderProperty and agreements
Prenuptial agreementSame sex prenuptial agreementSame-sex marriageNotarised prenuptial agreementDissolution of joint ownershipCareer assets and goodwillSelling the apartment on divorceCommon law partnersInheritance and estate planning
Wills and inheritanceInheritance between same-sex partnersEstate planningWills in estate planningIntergenerational transfer in estate planningTrustsDynasty trustSpecial needs trustInheritance orderProbate orderAgreements between heirsInheritance disputes between siblingsContesting a willNo-contest clause in a willStart from the right question: who is registered as the father
A short consultation meeting with a lawyer from the department, to see whether voluntary acknowledgment is enough, when a paternity claim is needed, and in what order to file.