a filifina had son with indian man,

Since you are the biological mother you have the custody of the child and the biological father cannot claim custody. However it is not clear whether you both are married or not.

thanks for the reqly A V VISHAL, anyways they were not married.is the biological father oblige to suqqort his son.but the time that wife knows that he has son, he denied it..what should the biological mother do..

The concept of legitimacy of the child is rooted in the concept of morality associated with marriage, and has implications for observance of the child's property rights and identity.

According to the provisions in the Indian Evidence Act 1872, which applies `to all the communities, the criterion for legitimacy is the marital status of the parents at the time of the child's brith and not at the time of conception. Thus the child born during marriage is presumed to be legitimate though he or she may have been conceived earlier to the marriage. Under the Criminal Procedure Code, 1973, which applies to all the communities, a putative father of an illegitimate child is liable to maintain him or her.

The legitimacy of the child of an invalid marriage is determined by the personal law. The Hindu Marriage Act, 1955, regards such children as legitimate. Under this Act, a child of an invalid marriage, though legitimate, succeeds only to his or her parents' property but not of other relations. An illegitimate child has a right of inheritance from his or her mother but not father. Under the Hindu Adoption and Maintenance Act, 1956, both the parents are liable to maintain their illegitimate children.

Under the Muslim Personal Law, the child of an invalid marriage is generally regarded as illegitimate. Such a child has the right of inheritance from his or her mother but not father. Under the Indian Succession Act, 1925, which applies to Christians and Jews, and also persons governed by the Special Marriage Act, 1954, an illegitimate child has no right of inheritance from his or her parents.

In some marital disputes, questions are raised about the paternity of the child and, therefore, doubting the child's legitimacy status. It has become a widely prevalent practice in many maintenance cases for men to dispute the fact that a legal marriage has taken place, as also the paternity of the child, in order to avoid their responsibilities. When the parentage of the child is doubted, it is the child's identity which is questioned. Moreover, the social stigma of illegitimacy which the mother and the child have to bear can be traumatic.

Blood grouping tests of the parents and the child are the only means of proving parentage. The Supreme Court had laid down that; Courts in India cannot order a blood test as a matter of course. The husband has to prove non-access to the wife in order to dispel the presumption that the child was born to him during the continuance of his marriage. The court must carefully examine what would be the consequence of ordering a blood test, whether it would have the effect of branding the child as illegitimate and the mother-as an unchaste woman.