The child who has not reach majority age (20 years old) must be under the parental authority of both parents who are legally married. However, if the child is born to parents who are not legally married, the child will be under the sole parental authority of the mother. In this case, the father can exercise parental authority jointly with the mother by acknowledging paternity and legally marrying the mother, or by court adjudication that he is the lawful father. This method will be effect since the child’s birthdate. While certifying the child by acknowledgment, such as using the father’s surname, providing care for the child, and ensuring education; does not establish legal paternity, it only ensures inheritance rights from the father.
Regardless of whether the father or mother has sole parental authority over the child, the party with parental authority must consent to the other party contacting their child as per the provisions of Section 1584/1. If consent is not given, the party without parental authority can petition the court to request joint parental authority with the other party or to request the withdrawal of parental authority over the child.
A person exercising parental power has the right:
- 1. to determine the child’s place of residence;
- 2.to punish the child in a reasonable manner for disciplinary purposes;
- 3. to require the child to do such work as may be reasonable to his ability and condition in life;
- 4. to demand the return of the child from any person who unlawfully detains him.
Additionally, A person exercising parental power cannot enter into any of the following juristic acts with regard to the property of the minor except with permission of the Court:
- 1. selling, exchanging, sale with right of redemption, letting out property on hire-purchase, mortgaging, releasing mortgage to mortgagor or transferring the right of mortgage on immovable property or on mortgageable movable property;
- 2. extinguishing the whole or a part of real right of the minor on immovable property;
- 3. creating servitude, right of inhabitation, right of superficies, usufruct or any charge on immovable property;
- 4. disposing of the whole or a part of the claim the purpose of which is to create real right on immovable property or on mortgageable property, or the claim the purpose of which is to have a real right on such property of the minor relieved;
- 5. letting immovable property for more than three years;
- 6. creating any commitments the purpose of which is to achieve the objective as provided in (1), (2) and (3);
- 7. making a loan of money;
- 8. making a gift, except out of the income of the minor on the minor’s behalf for charitable, social or moral purposes, and suitable to the minor’s condition in life;
- 9. accepting a gift subject to any condition or charge, or refusing a gift;
- 10. giving guarantee by any means whatsoever which may cause the minor to be compelled to perform an obligation or to enter into other juristic act, as requiring the minor to perform an obligation to other person or on behalf of other person;
- 11. making benefit out of the property other than those provided in Section 1598/4 (1), (2) or (3) making a compromise;
- 12. submitting a dispute to arbitration.