We use cookies to improve security, personalize the user experience,
enhance our marketing activities (including cooperating with our marketing partners) and for other
business use.
Click "here" to read our Cookie Policy.
By clicking "Accept" you agree to the use of cookies. Read less
Illegitimate Child: Legal Insights and Implications
Definition & Meaning
An illegitimate child is a child born outside of marriage. This term is often used interchangeably with "non-marital child" or "bastard." Under common law, there is a presumption that children born to a married woman are legitimate. However, children born from bigamous relationships or annulled marriages are not considered legitimate. Despite these distinctions, the Equal Protection Clause of the Fourteenth Amendment to the U.S. Constitution ensures that both legitimate and illegitimate children receive equal protection under the law. Importantly, an illegitimate child can inherit property, and in the U.S., children born from void or voidable marriages may be granted legitimate status.
Table of content
Legal Use & context
The term "illegitimate child" is primarily used in family law. It can impact various legal matters, including inheritance rights, custody disputes, and child support obligations. Understanding the status of a child as legitimate or illegitimate can influence legal proceedings and outcomes. Users can access legal templates through US Legal Forms to assist with issues related to illegitimate children, such as wills or custody agreements.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: A child born to parents who are not married at the time of birth is considered an illegitimate child. This child has the right to inherit from their biological parents if established legally.
Example 2: A child born during a bigamous marriage is not recognized as legitimate, affecting their legal rights and status (hypothetical example).
State-by-state differences
State
Legitimacy Status
California
Illegitimate children can inherit from both parents.
Texas
Illegitimate children have the same inheritance rights as legitimate children if paternity is established.
New York
Illegitimate children can inherit from their mother without any additional steps; from their father, paternity must be established.
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Legitimate Child
A child born to parents who are legally married at the time of birth.
Non-Marital Child
A child born outside of marriage, synonymous with illegitimate child.
Bastard
An outdated and often derogatory term for an illegitimate child.
Common misunderstandings
What to do if this term applies to you
If you believe you or your child may be classified as an illegitimate child, it is important to understand your rights. You may want to:
Consult with a family law attorney to understand the implications of this status.
Explore legal forms related to inheritance or custody through US Legal Forms.
Gather necessary documentation to establish paternity if needed.
In complex situations, seeking professional legal help is advisable.
Find the legal form that fits your case
Browse our library of 85,000+ state-specific legal templates.