The Comparative Study On The Rights And Interests Of Illegitimate Children Between China And The United States

Ever since ancient times, children born out of wedlock, also be referred to as illegitimate children, have been discriminated and treated unfairly both by law and in reality. Even though in today's society and legislation, our attitude towards the issue has changed to some extent, illegitimate children's social status and legal rights haven't received enough attention. Illegitimate children refer to natural children who are born while their parents are not in marriage but in polygamy as well as cohabitation, including one-night stand. Illegitimate children, still being a social vulnerable group, has gone through a long process from being abused to being protected. This paper begins with the concept of illegitimate children, their judicial status and social rights, and relevant regulations. It aims to illustrate their living condition and reasons behind it, to discuss the deficiencies of Chinese Marriage Law in the protection of illegitimate children and to make recommendations.This paper consists of four parts. The first part introduces the problems of the illegitimate children and the importance of protecting their rights. It deals with the state of protection of illegitimate children, both in China and in the U.S., from the period of being abused to the germination and development periods of being protected. The second part compares the state of judicial protection of the illegitimate children between china and the U.S. The third part concentrates on the shortcomings and problems on protection of illegitimate children in China. The fourth part is based on the inadequacy of Chinese legislation, and discuss on how to improve the rights and interests of illegitimate children.