Introduction: In today’s society, with the increasing frequency of international interactions, cross-border marriages and issues related to illegitimate children are also on the rise. This article will combine Chinese judicial practices and relevant legal provisions to explore the legal responsibilities that foreign fathers of illegitimate children should bear under the Chinese legal framework.

I. Custodial Obligations of Foreign Fathers of Illegitimate Children

According to the Civil Code of the People’s Republic of China, parents have the obligation to nurture and educate their children, while children have the obligation to support their parents. Are there any exceptions to the custodial obligations of foreign fathers towards illegitimate children? The answer is negative.

In the case of Chen vs. Ren regarding the custody dispute of cohabiting children (Case No.: (2014) San Zhong Min Zhong Zi No. 13564), the Beijing Third Intermediate People’s Court held that illegitimate children have the same rights as legitimate children, and no one shall harm or discriminate against them. The biological father or mother who does not directly care for illegitimate children should bear the cost of living and education until the children can live independently. When dissolving an unlawful cohabitation relationship, the custody of illegitimate children born to both parties shall be determined through negotiation; if no agreement is reached, the decision shall be based on the interests of the children and the specific circumstances of both parties. Therefore, as an illegitimate child of Chen and Ren, Chen has the same rights as legitimate children, and Chen’s living and educational expenses should be borne by Chen’s parents until Chen can live independently.

Therefore, foreign fathers of illegitimate children should also fulfill their custodial obligations. This means that even if the foreign father does not directly care for the illegitimate child, they should still pay maintenance fees to support the child’s life and education.
 
II. Duration and Amount of Maintenance Payments

Then, what is the duration and limit of maintenance payments that foreign fathers should pay for illegitimate children?
In the case of YAP vs. Zhu regarding a custody dispute (Case No.: (2014) Shen Zhong Fa Min Zhong Zi No. 1842), the Shenzhen Intermediate People’s Court mentioned that the biological father or mother who does not directly care for illegitimate children should bear the cost of living and education until the children can live independently. The amount of maintenance fees should be necessary and can be determined based on the actual needs of the children, the burden capacity of both parents, and the actual living standards in the locality. Combining the facts of this case, the court determined that the defendant should pay the plaintiff a monthly maintenance fee of 2000 RMB for Ye, starting from July 2013 until Ye reaches 18 years old (June 2028). Since the defendant is a Malaysian and has no fixed residence in China, to safeguard the legitimate rights and interests of minors, the plaintiff requested a one-time payment of maintenance fees, which the court accepted. After calculation, the defendant should pay a one-time maintenance fee of 360,000 RMB to the plaintiff (2000 RMB/month × 12 months × 15 years), deducting the part of the maintenance fee already paid after July 2013, resulting in the defendant owing a one-time payment of 355,500 RMB to the plaintiff for Ye’s maintenance (360,000 RMB – 4500 RMB).

In practice, courts typically order foreign fathers to pay maintenance fees for illegitimate children until they reach 18 years old. This is in line with the spirit of the law, which states that the parents’ custodial responsibility ends when the children can live independently. The amount of maintenance fees should be determined based on the actual needs of the children, the burden capacity of both parents, and the actual living standards, must be necessary, and should not be excessive or inadequate.
 
III. Consequences of Refusal to Pay Maintenance Fees

In addition, if a foreign father refuses to fulfill the obligation to pay maintenance fees, they will bear corresponding legal consequences. According to Chinese law, the people’s court has the right to enforce it upon the applicant’s request. This includes taking various measures to safeguard the legitimate rights and interests of children, ensuring that they receive necessary life and education support.
 
IV. Conclusion

In summary, the responsibilities that foreign fathers of illegitimate children should bear are as follows:
(1) he foreign father of a child born out of wedlock shall perform the obligation to raise the child born out of wedlock. If he does not raise the child directly, he shall pay the alimony.
(2) In practice, the court usually adjudicates that the foreign father should pay the alimony until the child born out of wedlock reaches the age of 18.
(3) If the foreign father refuses to perform the obligation of paying the alimony, the people’s court will enforce it according to the application of the executor.