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SECTION 2 - OF THE DUTIES OF PARENTS TOWARD THEIR ILLEGITIMATE CHILDREN, AND OF THE DUTIES OF ILLEGITIMATE CHILDREN TOWARD THEIR PARENTS
Art. 238. Illegitimate children generally speaking, belong to no family, and have no relations; accordingly they are not submitted to the paternal authority, even when they have been legally acknowledged.
Art. 239. Nevertheless nature and humanity establish certain reciprocal duties between fathers and mothers and their illegitimate children.
Art. 240. Fathers and mothers owe alimony to their illegitimate children, when they are in need;
Illegitimate children owe likewise alimony to their father and mother, if they are in need, and if they themselves have the means of providing it.
Art. 241. Illegitimate children have a right to claim this alimony, not only from their father and mother, but even from their heirs after their death.
Art. 242. But in order that they may have a right to sue for this alimony, they must:
1. Have been legally acknowledged by both their father and mother, or by either of them from whom they claim alimony; or they must have been declared to be their children by a judgment duly pronounced, in cases in which they may be admitted to prove their paternal or maternal descent;
2. They must prove in a satisfactory manner that they stand absolutely in need of such alimony for their support.
Art. 243. The obligation of giving such alimony ceases, when the illegitimate child is able to earn his subsistence by labor, or whenever his father or mother have [has] caused him to be instructed in an art, trade or profession fit to procure him a sufficient livelihood, unless some continual sickness or infirmity prevents such child from working for his subsistence.
The debt of alimony ceases likewise to be due from the estate of the father or mother of the illegitimate child whenever either of them has provided during his or her life a sufficient maintenance for his or her illegitimate child, or have made to him donations or other advantages which may be sufficient for that purpose.
Art. 244. The other rules established respecting alimony to be granted to legitimate children, take place likewise with respect to illegitimate children, except so far as they may be contrary to the foregoing provisions.
Art. 245. In a proceeding in which custody of an illegitimate child formally acknowledged by both parents is sought by both parents, and in proceedings for change of custody after an original award, custody shall be awarded in accordance with the provisions on custody incident to divorce contained in Title V of this Book. [Added by Acts 1983, No. 215, §1, eff. Sept. 1, 1983; Acts 1993, No. 261, §2, eff. Jan. 1, 1994]
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