common law marriages

Is there such a thing as common law marriages in the dom rep? Meaning, if you live together with your mate(not being married and perhaps even having children together), after a period of time the law considers that you are married and can treat the relationship as such.

I am not a legal expert but have been told that there is no equivalent to the "English System of Common Law" and what we consider "common law marriage". But I also find another interesting aspect of Dominican Law regarding marriage and children. Even if a man and woman are legally married, for a child of this union to be considered "legal" and assume the family name of the father, the father must "recognize" the child in court.

"Relación Consensual" according to Law # 1494. Children born to this free union are "Natural" unless the father declares them to be his at the local Justice of the Peace or Office of "Oficialía"where births and deaths are recorded. Then the kids are known as "Hijos naturales reconocidos" and will inherit according to law. IF the father does not recognize the children, there is no inheritance upon his demise, unless there is a will, but these are very unusual, and severely limit what can be given away.

HB

Hey Hilbilly: Nice job. I have some tough cases up here in Chicago. You're hired and you start tomorrow. No, you can't telecommute.

There in no such thing as common law marriage under Dominican law. Recent statutes, however, have given long-term companions certain rights.

This is not correct. As a matter of fact, under Dominican law as in many other legal systems, the husband is presumed to be the father of his wife's child and must sue in court to disavow his paternity in case he believes it to be otherwise.

I believe that the Good Doctor refers to children born out of wedlock. In that case, if the father of the child does not come forward and acknowledges ("recognizes") his paternity at the "Oficialía de Estado Civil", then the mother must sue him if she wishes to have him as the legal father.

Thank you for the clarification Fabio. Good thing I "practice" medicine and not law.......LOL

Can the child legally use the fathers last name if the mother and father are not married?

Would the father have to go to the officer of the civil state's office before or after the child is born in order to be the legal father and would this give the child the father's last name if the couple were not married?

Unless, as the good Mr Guzman has stated, the father has declared in the Oficialía del Estado Civil, that he is the father of the child, the child is not supposed to use his father's name. And legally he cannot do it,either.

If, as Fabio says, the child wants his father's last name and the father does not want to give him the necesary recognition, than the child or the child's mother has to sue. This holds true for those relationships that had children without getting married,as well as for those children that were were born from adulterous relationships-where one (or both)of the two was married to someone else at the time of the child's birth.

Lastly, as long as the Oficialía del Estado Civil has a record of birth, there should not be any problems getting ID papers, Passports or getting married down the line.

Okey, now?

HB