Establishing Lineage: 'Bizarre Cases' Shake Iraqi Courts

Shafaq News / Yaqeen, a 33-year-old woman, recently achieved a significant milestone in her pursuit to confirm the parentage of her child by securing a favorable ruling from the Iraqi Personal Status Court. The court's decision settled a longstanding dispute with her ex-husband who had been unwilling to acknowledge their daughter's lineage due to her birth occurring after their divorce.

During the court proceedings, Yaqeen openly admitted to having a child with the defendant, but encountered resistance when her ex-husband rejected the child's parentage, citing the timing of the birth as a reason for his denial. She found herself astonished by his refusal, as the pregnancy had taken place just days prior to the finalization of their divorce. In her own words, Yaqeen explained, "I entered into marriage with the defendant, but our union was short-lived due to family problems. The divorce had taken place before I became aware of my pregnancy."

Given the circumstances of their four-year marriage and the proximity of the pregnancy to their divorce, Yaqeen felt compelled to take legal action to establish the child's parentage, which ultimately led to a positive outcome in 2023 when she emerged victorious in her case.

It is important to note that prevailing conditions in the country, characterized by chaos, conflicts, crises, the prevalence of "illegal marriages," and incidents of rape, have contributed to an increase in cases involving children with unknown parentage. Moreover, the displacement caused by military operations has resulted in children losing their parents and official documents, leaving them without the necessary rights, including access to education and employment.

" According to Dr. Suhair al-Sarraf, an activist and the head of the Mubdi'at Foundation for Development, proof of parentage cases are prevalent in the Iraqi courts, resulting in prolonged legal battles that have inflicted suffering upon numerous children and mothers. This phenomenon is considered foreign to Iraqi society and can be attributed to various factors.

One of the primary causes, as stated by Dr. al-Sarraf, is the prevalence of temporary marriages, poverty, and the high cost of living. Husbands often exhibit unwillingness to fulfill their financial obligations towards their children and evade responsibility, even if it comes at the expense of their own offspring. This behavior is regarded as an aberration within Iraqi society.

Dr. al-Sarraf further identifies several factors contributing to the inclination of young individuals to engage in temporary marriages instead of assuming the role of a committed father. Among these factors is the influence of the "fashionista" mentality, which exerts pressure on girls and young people through social media posts boasting about high dowries and extravagant gifts received from their partners. Such influences play a role in shaping societal attitudes towards marriage and parenting.

Additionally, Dr. al-Sarraf highlights a concerning issue related to the lack of legal documents among the majority of children residing in orphanages throughout Iraq. This absence of official documentation poses significant risks, as these children face potential challenges and vulnerabilities upon reaching the age of 18 and being released into society. Consequently, Dr. al-Sarraf emphasizes the importance of government authorities' involvement in resolving these situations and safeguarding the well-being of these children.

Lawyer Ibrahim al-Athari has provided insights into Article 51 of the Personal Status Law, stating that it outlines two conditions for attributing a child to their husband. According to al-Athari, the first condition is that the marriage contract must be shorter than the period of pregnancy, and the second condition is that it must be possible for the spouses to have met.

In cases involving proof of parentage, al-Athari explains that both children and parents have the right to approach the Personal Status Court to establish parentage. If both parents acknowledge the marriage and filiation of their children, but one parent denies the parentage, the other parent has the right to initiate a lawsuit. Additionally, the child themselves has the right to file a lawsuit against the parent who denies their parentage.

Al-Athari further clarifies that if the child is of legal age, they can file a lawsuit against the opposing party in accordance with normal regulations. However, if one of the parents has passed away, the surviving parent can file the lawsuit against the heirs of the deceased.

In cases where the child is a minor, al-Athari highlights that the director of minors' care can be sued as the legal guardian of the minor, as stipulated in Article 34 of the Minors Care Law. Alternatively, the court may appoint a temporary guardian for the duration of the legal action.

Regarding the potential punishments involved, al-Athari explains that it depends on the specific circumstances of each case. However, in general, the punishment for adultery may apply.