Full question:
My child was born nine months after my ceremonial marriage but before his death in an accident. Now my deceased husband’s mother alleges that he was not the father of the child because our marriage was void. What is the remedy available to prove legitimacy of my child under New York law?
- Category: Paternity
- Date:
- State: New York
Answer:
In New York, a child born to parents who were married either before or after the child's birth is considered legitimate, even if the marriage is void or voidable. This is established under NY CLS Dom Rel § 24, which states:
1. A child born to parents who entered into a civil or religious marriage, or a recognized common-law marriage, is the legitimate child of both parents, regardless of whether the marriage is later annulled or declared void.
2. This law does not affect prior wills, property rights, or any judicial determinations regarding legitimacy, maintenance, or custody.
In your case, since your child was born nine months after your marriage, they are considered the legitimate child of both you and your deceased husband, despite any claims regarding the marriage's validity.
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.