ABSTRACT

The growing prevalence of live-in relationships in India challenges conventional norms and raises critical legal and social questions – particularly concerning the rights and welfare of children born from such unions. Rather than interrogating the reasons for the rise of live-in relationships, this study accepts their growing reality and focuses on a key concern requiring state attention: the status and rights of children born outside formal marriage. Despite an increase in births within such partnerships, there is a notable lack of comprehensive research on the legal protections afforded to these children. This study aims to bridge that gap by examining the rights of children born in live-in relationships across various jurisdictions, including access to birth registration, inheritance, custody, parental responsibility, and state benefits. Beyond legal dimensions, the chapter also explores the social implications of being born into a non-traditional family structure. It assesses how these dynamics may affect a child’s identity, access to services, and overall well-being. The research further identifies barriers that hinder effective access to rights and protections, offering recommendations to ensure that all children – regardless of their parents’ marital status – are treated with dignity and equality under the law.