ion are reproduced word for word in the provisions of the Family Code concerning:
- maternal affiliation (Article 47);
- determination of paternal affiliation by voluntary recognition or by judicial decision (Article 56);
- action to contest the voluntary recognition of paternity (Article 58);
- equal treatment of the parents of illegitimate children and the parents of legitimate children as regards the obligation to maintain a child (Article 97);
- the exercise of parental rights in respect of an illegitimate child by the mother or the father (Article 65 corroborated by Article 42 and Article 43, first paragraph);
- the possibility of transferring to the other parent (mother or father) the exercise of parental rights (Article 65 corroborated by Article 44);
- visiting rights and the right to maintain personal links with the child, for a parent (mother or father) who is not entitled to exercise parental rights (Article 65 corroborated by Article 43, third paragraph).
III. With regard to special situations, i.e. those governed by Article 6 paragraph 2 and Article 9 of the Convention, Romanian law contains no express regulations. Nevertheless, the absence of such regulations does not affect the basic harmony between domestic law and the provisions of the Convention referred to above, in respect of the following matters:
- the exercise of the obligation to provide maintenance by certain members of the family of the father or mother of an illegitimate child;
- the right of succession of the said child in the estate of its father and its mother and of a member of its father's or mother's family.
In both these situations, the general provisions of the Family Code (Article 63) are applicable in Romania, viz: "An illegitimate child whose affiliation has been established by recognition of the child or by judicial decision has the same legal status in relation to its parents (mother or father) and the members of its family as a legitimate child".
Under the influence of this standard-setting principle, legal writers and the courts are unanimous in acknowledging that the adoption of the Family Code implicitly amended the earlier provisions of the Civil Code, which specified that: "The children or their descendants shall succeed to the estate of the father, mother, grandfathers, grandmothers or any other ascendant, without distinction based on sex, even if they are the offspring of different unions. They shall have equal shares in the estate when they all stand in the first degree of kinship and are entitled to inherit in their own right" (Article 669).
Consequently, and by virtue of the provisions subsequent to Article 63 of the Family Code, the above-mentioned provisions of the Civil Code are also applied, by extension, to illegitimate children, ensuring that their shares in the estate are equal to those of legitimate children.
IV. With regard to Article 5 of the Convention (concerning the need to authorise scientific evidence in proceedings aimed at establishing paternal affilitation), even though there is no text drafted along these lines, the system of evidence introduced by the Code of Civil Procedure (Article 167 et seq.) authorises the production of scientific evidence capable of establishing or disproving paternity. The forensic evaluation, which also includes an expert analysis recording the existence of the evidence necessary to establish affiliation, on the basis of scientific tests, is governed by Decree No. 446/1966 on the organisation of forensic institutes and services.
V. As regards Article 10 of the Convention concerning the effect of marriage subsequent to the recognition of affiliation by the two parents, it should be pointed out that, in Romanian law in its present form, the theory of the "legitimation of the child" by the subsequent marriage of the parents has
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