Full question:
I am a 15-year-old girl and I live with my mother in Indiana. I was born out of a bigamous marriage. My mother came to know that my father had another wife only when I was 1 year old. I want to know whether I will be considered as the daughter of my father or not?
- Category: Paternity
- Date:
- State: Indiana
Answer:
Bigamous marriages are void. But children born out of bigamous marriages are considered as legitimate children. It is envisaged in Burns Ind. Code Ann. § 31-13-1-2. It reads as:“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.”
You will be considered as the legitimate daughter of your father. Your mother conceived you not knowing that your father was already married. Therefore, you will be considered the child of your father born out of a marriage that is not void.
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