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Legal Definitions - affiliation order
Definition of affiliation order
An affiliation order (also commonly known as a filiation order) is a formal legal declaration issued by a court that identifies a specific man as the biological father of a child born to unmarried parents. This order legally establishes paternity, which then forms the basis for determining parental rights, responsibilities, and financial obligations, such as child support.
Here are some examples of how an affiliation order might be used:
Example 1: Securing Child Support
A single mother, Elena, has been raising her daughter, Sofia, for several years. The biological father, Michael, has never formally acknowledged Sofia and has not provided any financial assistance. Elena decides to go to court to legally establish Michael's paternity so she can receive child support.
How it illustrates the term: The court would issue an affiliation order declaring Michael as Sofia's legal father. This order would then enable Elena to pursue child support payments from Michael, as the legal relationship between father and child has been officially recognized and documented by the court.
Example 2: Establishing Inheritance Rights
A young adult, Ben, was raised by his mother and stepfather. His biological father, who had never been legally recognized, recently passed away without a will. Ben believes he is entitled to a share of his biological father's estate but needs to prove his legal relationship to the deceased.
How it illustrates the term: Ben would seek an affiliation order from the court. This order would legally establish his biological father's paternity, thereby granting Ben the legal standing to claim his inheritance rights as a recognized heir to the estate.
Example 3: Facilitating Immigration or Citizenship
A man, Ricardo, living in the United States, wants to bring his son, Mateo, who lives in another country, to live with him. Mateo was born to Ricardo and his mother when they were not married, and Ricardo's paternity was never formally established in court in either country.
How it illustrates the term: Ricardo would need to obtain an affiliation order from a court. This order would legally confirm his paternity of Mateo, which is often a crucial document required by immigration authorities to prove a legitimate parent-child relationship for visa applications and family reunification purposes, or to establish Mateo's claim to citizenship through his father.
Simple Definition
An affiliation order, also known as a filiation order, is a legal judgment that formally declares a man to be the father of a child born outside of marriage. This order typically requires the father to provide financial support for the child.