section_path: Law/Contemporary legal and human rights criticisms of marriage/Children born outside marriage
section_name: Children born outside marriage
paragraph_text: Children born outside marriage
  
  Historically, and still in many countries, children born outside marriage suffered severe social stigma and discrimination. In England and Wales, such children were known as bastards and whoresons.
  
  There are significant differences between world regions in regard to the social and legal position of non-marital births, ranging from being fully accepted and uncontroversial to being severely stigmatized and discriminated.
  
  The 1975 European Convention on the Legal Status of Children Born out of Wedlock protects the rights of children born to unmarried parents. The convention states, among others, that: "The father and mother of a child born out of wedlock shall have the same obligation to maintain the child as if it were born in wedlock" and that "A child born out of wedlock shall have the same right of succession in the estate of its father and its mother and of a member of its father's or mother's family, as if it had been born in wedlock."
  
  While in most Western countries legal inequalities between children born inside and outside marriage have largely been abolished, this is not the case in some parts of the world.
  
  The legal status of an unmarried father differs greatly from country to country. Without voluntary formal recognition of the child by the father, in most cases there is a need of due process of law in order to establish paternity. In some countries however, unmarried cohabitation of a couple for a specific period of time does create a presumption of paternity similar to that of formal marriage. This is the case in Australia. Under what circumstances can a paternity action be initiated, the rights and responsibilities of a father once paternity has been established (whether he can obtain parental responsibility and whether he can be forced to support the child) as well as the legal position of a father who voluntarily acknowledges the child, vary widely by jurisdiction. A special situation arises when a married woman has a child by a man other than her husband. Some countries, such as Israel, refuse to accept a legal challenge of paternity in such a circumstance, in order to avoid the stigmatization of the child (see Mamzer, a concept under Jewish law). In 2010, the European Court of Human Rights ruled in favor of a German man who had fathered twins with a married woman, granting him right of contact with the twins, despite the fact that the mother and her husband had forbidden him to see the children.
  
  The steps that an unmarried father must take in order to obtain rights to his child vary by country. In some countries (such as the UK – since 2003 in England and Wales, 2006 in Scotland, and 2002 in Northern Ireland) it is sufficient for the father to be listed on the birth certificate for him to have parental rights; in other countries, such as Ireland, simply being listed on the birth certificate does not offer any rights, additional legal steps must be taken (if the mother agrees, the parents can both sign a "statutory declaration", but if the mother does not agree, the father has to apply to court).
  
  Children born outside marriage have become more common, and in some countries, the majority. Recent data from Latin America showed figures for non-marital childbearing to be 74% for Colombia, 69% for Peru, 68% for Chile, 66% for Brazil, 58% for Argentina, 55% for Mexico. In 2012, in the European Union, 40% of births were outside marriage, and in the United States, in 2013, the figure was similar, at 41%. In the United Kingdom 48% of births were to unmarried women in 2012; in Ireland the figure was 35%.
  
  During the first half of the 20th century, unmarried women in some Western countries were coerced by authorities to give their children up for adoption. This was especially the case in Australia, through the forced adoptions in Australia, with most of these adoptions taking place between the 1950s and the 1970s. In 2013, Julia Gillard, then Prime Minister of Australia, offered a national apology to those affected by the forced adoptions.
  
  Some married couples choose not to have children. Others are unable to have children because of infertility or other factors preventing conception or the bearing of children. In some cultures, marriage imposes an obligation on women to bear children. In northern Ghana, for example, payment of bridewealth signifies a woman's requirement to bear children, and women using birth control face substantial threats of physical abuse and reprisals.