Full question:
I never knew my husband was a married and had a family elsewhere. Will my children, born from the marriage with him, be termed illegitimate?
- Category: Marriage
- Date:
- State: Indiana
Answer:
No. The family law in Indiana in Burns Ind. Code Ann. § 31-13-1-2 states that if the children were born out of bigamous, they will be treated as legitimate provided that the other spouse was not aware of the subsisting marriage even thought their marriage is declared void. Burns Ind. Code Ann. § 31-13-1-2 reads:“If:
(1) a marriage is void because either of the parties to the marriage has a living husband or wife; and
(2) either of the parties to the marriage did not reasonably believe that either of the parties had a living husband or wife;
the children of the marriage shall be treated as if the children are children of a marriage that is not void if the children were conceived before the discovery that a party to the marriage had a living
husband or wife.”
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
