Parental Authority Article 314

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Art. 314. A foundling shall be under the parental authority of the person or institution that has reared the same. 

Fundling refers to a deserted or abandoned infant or child whose parents, guardians or relatives are unknown; or a child committed to an orphanage or charitable or similar institution with unknown facts of birth and parentage and reggistered in the Civil Regiter as a "fundling". An abandoned child is called a fundling, as opposed to a runaway or an orphan.



In the cases above, the children may either have no guardians at all or their parents or guardians have neglected them or have abused them by maltreating them or by using them in prostitution, etc. In a summary judicial proceeding, there is no need for formal hearing. The court may accept informal oral testimonies, affidavits, etc.


The founder of the fundling has parental authority over it and a mere affidavit will authorize registration of the funding in the civil registry. It cases wher the fundlings have already established their residences in their founders' homes, there is a vested right on the part of the founders over them that cannot be impaired by the retro active effect of this Code.

One day in a little town, two people live called Theresa and Timothy. They weren’t wealthy people and lived I a small farm house with a new born baby. After 6 weeks they were relocated by the government to another little town about an hour away, as they couldn’t afford to live in their home anymore. They were forbidden to bring their child as they were moving to an old hospital, which had half broken down, cement floors that had been half turn up, roves with lost pavers that lie along it, blankets made out of straw, and mattresses with holes in them. In this case, it is not a very pleasant place to bring up child.

Along with the other villages they were forced with no choice to move all without their child. So two days later the parents of the baby, named Harry, were forced to leave with their young child to defend for themselves.


Later on that night, there was a man came along to the house and hears the crying of the baby, he picked him up and took him back to his home. Back at the home the man lay the baby down in the bed, and keep him warm and feed him, and took care of him as he was his own baby.


Poverty is often a root cause of child abandonment. Persons in culture with poor social welfare systems who are not financially capable of taking care of a child are more likely to abandon him/her. Political conditions, such as difficulty in adoption proceedings, may also contribute to child abandonment, as can the lack of institutions, such as orphanages, to take in children whom their parents cannot support. Societies with strong social structures and liberal adoption laws tend to have lower rates of child abandonment.