Technical term question

[Alpo]

We have John and Mary. A nice couple. And they are living together without benefit of clergy.

 

John and Mary produce a child, and since John and Mary are not legally wed, the child is illegitimate. Not saying anything bad about the child here, just simply stating the fact of what the word means.

 

Some time after the child is born, (could be the day after, could be 10 years down the road - does not really matter) John and Mary decide to make it legal, and they get hitched

 

Does the fact that the child's parents are now married mean that the child is no longer illegitimate? Or, since they were not married when the child was born, no matter what happens afterwards the child will always be illegitimate?

 

There's a Dick Francis book where the rich guy has a mistress, and she gives him two children. Later he gets divorced, and marries the mistress, and adopts the children. They were always his physical children, but now they are also his legal children. The fact of adoption made the children legitimate. I mentioned this because I'm sure that someone would suggest something along these lines. But that's not what I was thinking of. After John and Mary got married, John does not adopt the child - why would he? It's his kid. I believe the rich guy in the novel adopted the children because that would make inheritance easier. John and Mary don't have that kind of money.

 

Another thought. John and Mary are married. They get divorced, without knowing that Mary is pregnant. Mary has the kid. Is the kid illegitimate? His parents were not married when he was born. But they were married when he was started.

[Rip Snorter]

The story was in the UK.  I believe their inheritance rules are pretty specific.

[Marshal Mo Hare, SASS #45984]

And if it is in USA, state laws apply.

[Trailrider #896]

In some states, including Colorado, if John and Mary hold themselves to be husband and wife, they are married by common law. Some of these other questions would depend on state laws.

[LawMan Mark, SASS #57095L]

Current law indicates that legitimacy is a question of if the father acknowledges being the parent, not the marital status of the parents.   Once the father acknowledges parenthood, the child has the right to inherit, and to receive financial support as a minor.

[Sedalia Dave]

Depends on what his birth certificate says. 

[Forty Rod SASS 3935]

5 hours ago, Alpo said:

We have John and Mary. A nice couple. And they are living together without benefit of clergy.

 

John and Mary produce a child, and since John and Mary are not legally wed, the child is illegitimate. Not saying anything bad about the child here, just simply stating the fact of what the word means.

 

Some time after the child is born, (could be the day after, could be 10 years down the road - does not really matter) John and Mary decide to make it legal, and they get hitched

 

Does the fact that the child's parents are now married mean that the child is no longer illegitimate? Or, since they were not married when the child was born, no matter what happens afterwards the child will always be illegitimate?

 

There's a Dick Francis book where the rich guy has a mistress, and she gives him two children. Later he gets divorced, and marries the mistress, and adopts the children. They were always his physical children, but now they are also his legal children. The fact of adoption made the children legitimate. I mentioned this because I'm sure that someone would suggest something along these lines. But that's not what I was thinking of. After John and Mary got married, John does not adopt the child - why would he? It's his kid. I believe the rich guy in the novel adopted the children because that would make inheritance easier. John and Mary don't have that kind of money.

 

Another thought. John and Mary are married. They get divorced, without knowing that Mary is pregnant. Mary has the kid. Is the kid illegitimate? His parents were not married when he was born. But they were married when he was started.

You really need to stop smoking that stuff, Al.  

[Buckshot Bob]

I shared this in the sticky cartoon thread but perhaps it belongs here 

[Red Gauntlet , SASS 60619]

Under Washington law, there is no such thing as an illegitmate child, by statute. And insofar as the word has meaning still, if a couple marry after the birth of their child, the child is legitimate, without question. Those sorts of situations are commonplace now. If a child conceived during marriage is born after divorce, the child is legitimate.

 

In my state, and I expect in a great many, 'legitimacy' has no effect on intestate inheritance whatsoever. The 'illegitimate' child has the same rights as the legitimate. And nowadays, problems of proof are not what they once were. Likewise,the laws here require that if you disinherit a child in a will, that you specifically do so-- i.e. that you name the child as disinherited. This prevents inadvertent disinheritance. It also means that if you have an 'illegitimate' child out there, and wish to disinherit the child, you must likewise specifically do so by name.

 

This has proved a conundrum for some over the years, if they have such a child and their family doesn't know it. If you don't specifically disinherit that child, then the family may learn about it anyway when he seeks his share.....

[Trailrider #896]

OTOH, I could name hundreds of people, especially politicians whose legitimacy I would question regardless of their parents' marital status! Iligimae non carborundum!

[watab kid]

so how often does this come up in todays world - i dont think its ever come up in my recent life - who really cares ? 

 

the kid is what he grows up to be - choiuces to be made and consequences to be paid , i think this say a whole lot about the parents but very little about the offspring , just my 2 cents for what its worth , id be a little concerned about how the child was raised tho , depending again on the parents and the circumstances , dont judge the book by the cover - too many have been burned throughout history that didnt deserve it ,