Illegitimate Child Has Right to Immediate Alimony — Courts Ensure Provisional Support Even Without Father's Registration

Illegitimate Child Has Right to Immediate Alimony — Courts Ensure Provisional Support Even Without Father’s Registration

Written by Valdemar Medeiros

Published on 12/09/2025 at 09:05

Foto: Filho de união informal tem direito a pensão alimentícia imediata — tribunais garantem alimentos provisórios mesmo sem registro do pai

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STJ Confirms: Child of Informal Union (Mistress) Has Right to Immediate Alimony. Courts Ensure Provisional Support Even Without Civil Registry of the Father.

Many believe that only children of marriages or formal stable unions can demand alimony. But Brazilian legislation guarantees that the child’s right to sustenance is independent of the parents’ marital status. Article 1,694 of the Civil Code ensures the right of children to request support from their parents. The Child and Adolescent Statute (ECA) reinforces that the priority is to guarantee full protection, without distinction between children of formal or informal unions.

This means that it does not matter if there was marriage, immediate registration, or voluntary recognition: if there are indications of paternity, the courts can establish provisional support to ensure the child’s survival.

How Provisional Alimony Works in Practice

In paternity investigation actions, it is common for the mother to request provisional alimony.

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The Understanding of the Courts

The Superior Court of Justice (STJ) has already consolidated the understanding that the lack of civil registration does not prevent the establishment of provisional alimony.

In the judgment of REsp 1,159,242/SP, the court acknowledged the possibility of granting alimony during the paternity investigation.

State courts also follow the same line. The TJSP and the TJMG, for example, have already ordered the payment of alimony to children of informal unions before a definitive conclusion on paternity.

Examples of Recent Decisions

In 2022, the TJSP determined that an alleged father should pay provisional alimony of 30% of the minimum wage to a child, even before the DNA test, considering strong indications of the relationship.
In 2023, the TJRS confirmed a decision that guaranteed immediate alimony to a child of a casual union, stating that the child’s right prevails over the bureaucracy of civil registration.

Equal Rights for All Children

The Federal Constitution, in Article 227, §6, prohibits any distinction between children born within or outside of marriage. That is: everyone has the same rights, including alimony.

This principle guarantees equality and prevents historical injustices that previously marked family law, when children of informal unions were discriminated against.

Experts Reinforce Protection

According to legal expert Maria Berenice Dias, a specialist in Family Law:
“The child cannot wait for the conclusion of a judicial action to eat. Alimony should be granted immediately whenever there are reasonable indications of filiation.”

Family lawyer Rolf Madaleno also emphasizes:
“The obligation of support is a fundamental duty of parents and is independent of marital status or bureaucratic formalities. The child’s right is absolute.”

The Priority Is the Child, Not Bureaucracy

The message from the courts is clear: the child’s right to alimony cannot depend on the formalization of paternity in the civil registry. If there are sufficient indications, the court can and must guarantee provisional support until the definitive conclusion.

Thus, children of informal unions or casual relationships have the same protection as any other. More than a legal issue, it is about respecting the principle of the child’s dignity and ensuring their development.

Illegitimate Child Has Right to Immediate Alimony — Courts Ensure Provisional Support Even Without Father’s Registration

STJ Confirms: Child of Informal Union (Mistress) Has Right to Immediate Alimony. Courts Ensure Provisional Support Even Without Civil Registry of the Father.

How Provisional Alimony Works in Practice

The Understanding of the Courts

Examples of Recent Decisions

Equal Rights for All Children

Experts Reinforce Protection

The Priority Is the Child, Not Bureaucracy

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Illegitimate Child Has Right to Immediate Alimony — Courts Ensure Provisional Support Even Without Father’s Registration

STJ Confirms: Child of Informal Union (Mistress) Has Right to Immediate Alimony. Courts Ensure Provisional Support Even Without Civil Registry of the Father.

How Provisional Alimony Works in Practice

The Understanding of the Courts

Examples of Recent Decisions

Equal Rights for All Children

Experts Reinforce Protection

The Priority Is the Child, Not Bureaucracy

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Egypt wants to draw 10 million cubic meters of water from the Nile per day into the desert, irrigate a new agricultural frontier, and build a city where there is currently only sand.

Ethiopia has banned gasoline and diesel cars, placed over a hundred silent electric buses on the streets of Addis Ababa, and now aims for half a million electric vehicles by 2030, all powered by Africa’s largest dam and a courage that few countries have shown.

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An astronaut spent 340 days in space while his twin brother stayed on Earth, and NASA found a “rejuvenating” effect, genes, microbiome, cognition, and immune system that revealed the biological cost of living outside the planet.

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