OF FATHER AND CHILD.

79

may be legitimated by the subsequent marriage of their father and mother, whenever the latter have legally acknowledged them for their children, either before their marriage by an act passed before a notary and two witnesses, or by their contract of marriage itself.

(Am'd.) C. N. 322 to 332, inclusive; D. Sec. 419, 2173, 2178; Acts 1831, p. 86 Acts 1870, No. 68; 24 A. 485.

ART. 199. [219.]-Children legitimated by a subsequent marriage have the same rights as if they were born during marriage. C. N. 333; 11 L. 128; 3 R. 441; 11 A. 232.

ART. 200. A natural father or mother shall have the power to legitimate his or her natural children by an act passed before a notary and two witnesses, declaring that it is the intention of the parent making the declaration to legitimate such child or children. But only those natural children can be legitimated who are the offspring of parents who, at the time of conception, could have contracted marriage. Nor can a parent legitimate his or her natural offspring in the manner prescribed in this article, when there exists on the part of such parent legitimate ascendants or descendants.

(New Article.) IV. Partidas, Law 7 title 15; D. Sec. 2173; Acts 1831; p. 86; Acts 1868, p. 278.

ART. 201. [218.]-Legitimation may even be extended to deceased children who have left issue, and in that case it inures to the benefit of such issue.

C. C. 203, 919 (913); C. N. 332; 11 L. 128.

SECTION 2.

Of the Acknowledgment of Illegitimate Children.

ART. 202. [220.]-Illegitimate children who have been ac knowledged by their father, are called natural children; those who have not been acknowledged by their father, or whose father and mother were incapable of contracting marriage at the time of conception, or whose father is unknown, are contradistinguished by the appellation of bastards.

(Am'd.) C. C. 27, 920 (914); 204, 208, 920; 18 A. 590.

ART. 203. [221].-The acknowledgment of an illegitimate child shall be made by a declaration executed before a notary public, in presence of two witnesses, by the father and mother of either of them, whenever it shall not have been made in the registering of the birth or baptism of such child.

C. C. 198 (217), 919 (913), 922 (916); C. N. 334; 6 L. 560; 11 L. 128; 14 L 542; 12 R. 56, 552; 4 A. 305; 6 A. 158, 161; 11 A. 59; 21 A. 435.

ART. 204. [222.]-Such acknowledgment shall not be made.

in favor of children whose parents were incapable of contracting marriage at the time of conception.

C. C. 183 (202); C. N. 335; 12 R. 56; 11 A. 59.

ART. 205. [223.]-The acknowledgment made by the father without the concurrence or consent of the mother, shall have effect only with respect to the father.

C. N. 336.

ART. 206. [224.]-Illegitimate children, though duly acknowledged, can not claim the rights of legitimate children. The rights of natural children are regulated under the title: Of Suc

cessions.

C. C. 917 (911); C. N. 338; 3 R. 441; 11 A. 232.

ART. 207. [225.]-Every claim, set up by natural children, may be contested by those who have any interest therein.

C. N. 339.

ART. 208. [226.]-Illegitimate children, who have not been legally acknowledged, may be allowed to prove their paternal descent.

C. C. 920 (914); C. N. 340; 6 L. 560; 14 L. 542; 12 R. 56; 6 A. 158, 161; 18 A. 590; 21 A. 435.

ART. 209. [227.]-In the case where the proof of paternal descent is authorized by the preceding article, the proof may be made in either of the following ways:

1. By all kinds of private writings, in which the father may have acknowledged the bastard as his child, or may have called him so;

2. When the father, either in public or in private has acknowledged him as his child, or has called him so in conversation, or has caused him to be educated as such;

3. When the mother of the child was known as living in a state of concubinage with the father, and resided as such in his house at the time when the child was conceived.

4 L. 175; 6 L. 560; 3 A. 250; 6 A. 129, 156.

ART. 210. [228.]-The oath of the mother, supported by proof of the cohabitation of the reputed father with her, out of his house, is not sufficient to establish natural paternal descent, if the mother be known as a woman of dissolute manners, or as having had an unlawful connection with one or more men (other than the man whom she declares to be the father of the child) either before or since the birth of the child.

C. N. 340.

ART. 211. [229.]-In case of rape, whenever the time of such rape shall agree with the time of conception, the ravisher may, at the suit of the parties concerned, be declared to be the father of the child.

C. N. 340.

ART. 212. [230.]-Illegitimate children of every description. may make proof of their maternal descent, provided the mother be not a married woman.

But the child who will make such proof shall be bound to show that he is identically the same person as the child whom the mother brought forth.

(Am'd.) C. N. 341, 342; 6 L. 560; 4 A. 305.

ART. 213. [231.]-The foundling, whom persons from charity have received and brought up, can not be claimed by its father and mother, unless they prove that the child was taken from them by force, fraud or accident.

No other relation can claim a foundling without having first obtained the tutorship of the foundling, and given security in a sum sufficient for the reimbursement of the expenses which it has incurred.

D. Sec. 426.

See det c2 31.6872

CHAPTER 4.

Of Adoption.

ART. 214. Any person may adopt another as his child, except those illegitimate children whom the law prohibits him from acknowledging, but such adoption shall not interfere with the rights of forced heirs.

The person adopting must be at least forty years old and must be at least fifteen years older than the person adopted.

The person adopted shall have all the rights of a legitimate child in the estate of the person adopting him except as above stated. Married persons must concur in adopting a child. them can not adopt without the consent of the other.

One of

(New Article.) C. N. 343, 360; D. Sec. 2322-2328, 3821-3831. Consti. Art. 113, Acts 1864, p. 130; Acts 1865, No. 48; Acts 1867, No. 17; Acts 1868, p. 77; Acts 1872, No. 31.

CHAPTER 5.

Of Paternal Authority.

SECTION 1.

Of the Duties of Parents towards their Legitimate Children, and of the Duties of Legitimate Children towards their Parents.

ART. 215. [233.]—A child, whatever be his age, owes honor and respect to his father and mother.

C. N. 371.

ART. 216. [234.]—A child remains under the authority of his father and mother, until his majority or emancipation.

In case of difference between the parents, the authority of the father prevails.

C. C. 37 (41); C. N. 372, 373; 6 L. 363; 12 R. 172; 2 A. 293; 16 A. 175. ART. 217. [235.]-As long as the child remains under the authority of his father and mother, he is bound to obey them in every thing which is not contrary to good morals and the laws. ART. 218. [236.]-A child under the age of puberty can not quit the paternal house without the permission of his father and mother, who have a right to correct him, provided it be done in a reasonable manner.

C. N. 374.

ART. 219. [237.]-The father and mother have a right to appoint tutors to their children, as is directed in the title: Of Minors, of their Tutorship and Emancipation.

C. C. 257 (275); C. N. 397; 15 A. 346.

ART. 220. [238.]-Fathers and mothers may, during their life, delegate a part of their authority to teachers, schoolmasters and others to whom they intrust their children for their education, such as the power of restraint and correction, so far as may be necessary to answer the purposes for which they employ them.

They have also the right to bind their children as apprentices.

C. N. 375.

ART. 221. [267.]-The father is, during the marriage, administrator of the estate of his minor children.

He is accountable both for the property and revenues of the estates, the use of which he is not entitled to by law, and for the property only of the estates, the usufruct of which the law gives him.

This administration ceases at the time of the majority or emancipation of the children.

C. N. 389; C. P 1013; 6 L. 393; 12 R. 172; 3 A. 610; 10 A. 33.

ART. 222. Property belonging to minors, both of whose parents are living, may be sold or mortgaged, and any other step may be taken affecting their interests, in the same manner and by pursuing the same forms as in case of minors represented by tutors, the father occupying the place and being clothed with the powers of the tutor.

An undertutor ad hoc shall be appointed by the court, contradictorily with whom the proceedings shall be carried on.

(New Article.) C. C. 313 (295); 339 (334); D. Sec. 2342, 3849, 3860; Acts 1855, p. 444, § 17.

ART. 223. [239.]-Fathers and mothers shall have, during marriage, the enjoyment of the estate of their children until their majority or emancipation.

C. C. 2406 (2375), 3350; D. Sec. 1710, 1711, 2392; C. N. 384, 385; 10 L. 92; 12

R. 172; 3 A. 186; 11 A. 705; 12 A. 430; 13 A. 157; 15 A. 225; 16 A. 175; 19 A. 14; D. Sec. 1710, 1711, 2342, 2392; Acts 1855, p. 444, § 17.

ART. 224. [240.]-The obligations resulting from this enjoyment shall be:

1. The same obligations to which usufructuaries are subjected; 2. To support, to maintain and to educate their children according to their situation in life.

C. N. 385; 12 R. 172; 3 A. 294; 13 A. 157; 15 A. 226; 19 A. 14. ART. 225. [241.]-The usufruct in case of separation from bed and board, shall take place in toto, in favor of either father or mother, who shall have obtained such separation, and shall be subjected to the conditions prescribed in the preceding article. (Am'd.) C. C. 156 (152); C. N. 386; 13 A. 157; 19 A. 14.

ART. 226. [242]—This usufruct shall not extend to any estate, which the children may acquire by their own labor and industry, nor to such estate as is given or left them under the express condition that the father and mother shall not enjoy such usufruct.

C. N. 387; 10 A. 33; 16 A. 287.

ART. 227. [243.]-Fathers and mothers, by the very act of marrying, contract together the obligation of supporting, maintaining, and educating their children.

C. N. 203; 3 A. 186; 15 A. 225; 21 A. 525.

ART. 228. [244.]—A child has no right to sue either his father or mother for the purpose of obtaining a marriage settlement or other advancement.

C. N. 204.

ART. [229.] 245.-Children are bound to maintain their father and mother and other ascendants, who are in need; and the relatives in the direct ascending line are likewise bound to maintain their needy descendants, this obligation being reciprocal. They are also bound to render reciprocally all the services which their situation can require, if they should become insane. C. N. 205, 207; 12 R. 385; 3 A. 186; 18 A. 594.

ART. 230. [246.]-By alimony we understand what is necessary for the nourishment, lodging and support of the person who claims it.

It includes the education, when the person to whom the alimony is due, is a minor.

12 R. 385; 12 A. 678; 19 A. 504.

ART. 231. [247.]-Alimony shall be granted in proportion to the wants of the person requiring it, and the circumstances of those who are to pay it.

C. N. 208; 12 R. 385; 12 A. 678; 19 A. 504.

ART. 232. [248.]-When the person who gives or receives alimony is replaced in such a situation that the one can no longer