Full question:
My husband and I live in South Carolina. We are married for two years. Recently, I found that he has a spouse living with whom the marriage is not dissolved. I got pregnant within those two years and have a daughter. Will she be considered as illegitimate?
- Category: Marriage
- Date:
- State: South Carolina
Answer:
In South Carolina, if one spouse enters a marriage in good faith and is unaware that the other spouse is still married, any children born from that marriage are considered legitimate. This means they have the same legal rights as children born from valid marriages. According to S.C. Code Ann. § 20-1-90, children born of a void marriage are deemed legitimate if the marriage was entered into in good faith after April 13, 1951, and the person did not know the other party was incapable of marrying. Furthermore, S.C. Code Ann. § 20-1-80 states that marriages contracted while either party has a living former spouse are void, but this does not apply if a spouse has been absent for five years without knowledge of being alive or if a divorce has been granted. Therefore, your daughter will not be considered 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.