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Civil Code of Iran (1928, as amended 1985; selected provisions related to women) – 4: On Children

Article 1158 – Any child born during married life belongs to the husband provided that the interval between intercourse and the birth of the child is not less than 6 months and not more than 10 months.

Article 1159 – Any child born after the dissolution of marriage belongs to the husband provided that the mother has not yet married again and that not more.

Article 1160 – If the marriage is dissolved after matrimonial intercourse and the wife has married again and a child is born to be, the child belongs to the husband who can be identified as the child’s father according to the foregoing Articles. If the child could be attributed to both husbands according to the foregoing Articles, the child belongs to the second husband unless definite indications show otherwise.

Article 1161 – In the cases coming under the foregoing Articles, if the husband has explicitly or implicitly admitted that he is the father, his subsequent denial of this will be of no validity.

Article 1162 – In the cases coming under the foregoing Article, the plea of repudiation of the child can only be preferred within the delay ordinarily admissible for the preferment of such claims after the father known of the birth of the child. The plea will in any case not be heard after the expiry of two months from the date that the husband was informed of the birth of the child.

Article 1163 – In a case where the husband did not know the real date of birth of the child and was misguided by a wrong date according to which the child would belong to him and when the husband is informed subsequently of the real date of birth, the period of limitation for the plea of repudiation of the child is two months from the date on which he discovered the fraud.

Article 1164 – The provisions of the foregoing Articles will also be applicable in the case of a child born from sexual intercourse when one party was in error as to the other’s identity , although the mother may not have made any mistake.

Article 1165 – A child born after such mistaken sexual intercourse will belong to the party who made a mistake and if both parties were in error child belongs to both of them.

Article 1166 – If marriage between the parents of a child is illegitimate owing to the existence of any legal impediment, the relation of the child to that one of the parents who was ignorant of the existence of the impediment is legitimate, and its relation to the other party is illegitimate. If both parents were ignorant of the impediment, the relationship of both of them to the child is legitimate.

Article 1167 – A child born of adultery shall not belong to the adulterer.

Article 1168 – Maintenance of children is both the right and duty of the parents.

Article 1169 – A mother has preference over others for two years from the birth of her child for the custody of the child and after the lapse of this period custody will devolve on the father expect in the case of a daughter who will remain under the custody of the mother till 7 years.

Article 1170 – If the mother becomes insane or marriage another man during her period of custody, the custody will devolve on the father.

Article 1171-If one of the parents dies, the custody will be the duty of the surviving although the deceased be the father and he may have appointed a guardian for the child.

Article 1172 – Neither of the parents can refuse to maintain the child during the time when he or she is responsible for its custody If he or she does so, the court must induce him or her, on application by the other party or the guardian or one of the relatives or the Public Prosecutor, to assume the custody . If such enforcement is impossible or ineffective the court must arrange the custody at the expense of the father, or of the mother in the event of the death of the former.

Article 1173 – If the physical health or moral education of the child is endangered as a result of carelessness or moral degradation of the father or mother who are in charge of its custody the court can take any decision appropriate for the custody of the child on the request of its relatives or its guardian or the Public Prosecutor.

Article 1174 – If the parents of the child do not live in the same house owing to divorce or any other reason, either of the parents who is not in charge of custody of the child has the right to visit the child. Determination of the time and place of visit and other particulars will be decided by the court if there is any dispute between the parents about them.

Article 1175 – A child cannot be taken from the parents or the father or the mother who is in charge of its custody except in cases where just fiction exists for doing so.

Article 1176 – The mother is not obliged to suckle the child unless the child cannot be fed except with the milk of its mother.

Article 1177 – A child must obey its parents and must respect them whatever its age.

Article 1178 Parents are bound to take such measures as circumstances and their means allow for the education of their children. They must not leave their talents undeveloped.

Article 1179 – Parents are entitled to punish their children but they must not abuse this right by punishing their children beyond the limits of correction.

Article 1180 – A minor child is under the guardianship of its father or paternal grandfather. Such is also the case with a immature or insane child provided that the immaturity or mental unfitness continues from the age of minority.

Article 1181 – Either the father or the paternal grandfather has the right of guardianship over his children.

Article 1182 – If the child has both father and paternal grandfather and one of them becomes himself incapacitated or is prevented by some reason or other from administering the estate of his ward, his legal guardianship will cease.

Article 1183 – In all matters pertaining to the estate, and the civil and financial concerns of the ward, the guardian will be his or her legal representative.

Article 1184 -If the natural guardian of the child is unworthy of the administration of the estate of his ward or if he misappropriates property, the court will, on application by the relatives of the child or on the request of the Public Prosecutor who has to be a party to the suit, and after the establishment of the incapacity or dishonesty of the guardian, also appoint a financial trustee to work with the guardian. This provision will be applicable in a case where the guardian of the child is unable to administer the estate of his ward owing to old age or sickness or similar reasons.

Article 1185 – If the natural guardian of the child becomes incapacitated, the Public Prosecutor is obliged to appoint a guardian for the child according to the regulations governing the nomination of guardians.

Article 1186 – In cases where strong indications exist showing the dishonesty of the natural guardian in respect of the estate of his ward, the Public Prosecutor is obliged to apply to the Court of First Instance requesting that his actions may be investigated. The court will examine the complaint and will act according to Article 1184 if his dishonesty is proved.

Article 1187 – If the only natural guardian of a child cannot administer the estate of his ward owing to absence or imprisonment or owing to any other reason, and if he has not nominated anyone else to represent him, the court will appoint provisionally a guardian on the proposal of the Public Prosecutor for taking charge of the estate and attending to all matters pertaining to it.

Article 1188 – Either the father or the paternal grandfather can appoint after the death of the other, an executor for the child under his guardianship in order that the executor may attend, after his death, to the bringing up and the education of the children and may administer their estate

Article 1189- Neither the father nor the paternal grandfather can appoint an executor for his ward while the other is still living.

Article 1190 – A father or paternal grandfather can authorize the guardian to nominate another guardian for his ward after the guardian’s death.

Article 1191 – If the guardian appointed by the natural guardian does not take steps for the maintenance or the education of his ward or for the administration of his estate or if he abstains from fulfilling his duties he will be discharged.

Article 1192 – A Moslem guardian cannot appoint a non – Moslem guardian for his ward.

Article 1193- As soon as a child reaches the age of maturity, he will cease to be under ward ship and if he becomes subsequently mentally deficient or insane, a guardian will be appointed for him.

Article 1194- The father, the paternal grandfather and the guardian appointed by one of them will be called the “special guardian” of the child.

Next: Chapter 5 – On Family