Full question:
My husband and I got married two years back in Indiana. After my pregnancy I found that my husband had married earlier and the marriage was never dissolved. Therefore, I claimed our marriage to be void. I would like to know if my child will be considered illegitimate?
- Category: Marriage
- Date:
- State: Indiana
Answer:
When either of the spouses is in a bigamous relationship that makes the marriage void, the children born out of such marriage will be treated as if the children are the children of a marriage that is not void. For this the children should have been conceived before the discovery by a party to the marriage that the other party had a living spouse.Burns Ind. Code Ann. §31-13-1-2 states the legitimacy of the child when either of the spouse is in a bigamous marriage. It 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.”
(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.”
Therefore, your child will not be considered as illegitimate.
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.
