Is a child born before marriage considered legitimate after parents marry?

Full question:

My friend and her husband had a boy before marriage. Two years after birth of the child they got married. When the child completed five years, they divorced. Is the child legitimate?

  • Category: Marriage
  • Date:
  • State: New York

Answer:

In New York, a child born to parents who marry after the child's birth is considered legitimate. This remains true even if the parents later divorce or the marriage is annulled. According to N.Y. Dom. Rel. Law § 24, a child born before the marriage of their parents is recognized as the legitimate child of both parents, regardless of the marriage's validity or future legal changes.

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 most states, a child born to a married woman is presumed to be the child of her husband, regardless of biological parentage. This presumption can be challenged in court, but typically, the husband has legal rights and responsibilities for the child. If paternity is established for the biological father, he may seek custody or visitation rights, but the legal status of the child remains with the husband unless a court decides otherwise.

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