I am 14 years old and was born out of wedlock. Is it possible to grant me legitimation if my parents get married now?

Full question:

I am 14 years old and I live in Virginia. I was born out of wedlock. Now my parents are planning to marry. Is it possible to grant me legitimation after their marriage?

  • Category: Paternity
  • Date:
  • State: Virginia

Answer:

In Virginia, legitimation of child by marriage is possible. In order to grant legitimate status to a child by marriage, a man should have had a child by a woman, the man and woman should have intermarried after the birth of the child and the child should have been recognized by the man before or after the marriage. Thus, a child shall be deemed legitimate if the man and woman, for whom the child was born, marry after the birth of the child and recognize the child as their own child. This legitimation of a child by marriage is provided under Va. Code Ann. § 20-31.1. It reads as follows:
 
“If a person, having had a child, shall afterwards intermarry with the mother or father, such child if recognized by both of them, as their own child, jointly or separately, before or after marriage, shall be deemed legitimate.

The issue of marriages prohibited by law, deemed null or void or dissolved by a court shall nevertheless be legitimate.”
 

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.

FAQs

In Virginia, signing a birth certificate does not automatically establish paternity. However, if the father signs the birth certificate, it creates a presumption of paternity. This presumption can be challenged, but it generally gives the father legal rights and responsibilities regarding the child. To ensure full legal recognition, it may be advisable to pursue a court order for paternity if there are any disputes. *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.*