Also known as: illegitimate children · bastard · child born out of wedlock · nonmarital child
Written by attorneys · grounded in primary & secondary sources — see below
A child born to parents who are not married to each other at the time of birth. Modern law affords such a child the same legal status as a marital child for inheritance, custody determinations, and equal-protection purposes once a parent-child relationship is established.
After the mother died, state officials removed the child from the home of Ira Irving, the child's unmarried father who had lived with and cared for the child since birth. The state placed the child in foster care without any hearing on Irving's fitness. The court held that due process required notice and an opportunity to be heard before severing the established parental relationship.
Imran Iyer's will created a trust for distribution to 'my children.' Iyer's genetic son born outside marriage had lived with Iyer for years before Iyer's death. The trustee included the son in the class because the will language and circumstances showed no contrary intent to exclude him.
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Ivan Ivanov died intestate. His nonmarital daughter sought an intestate share but had never obtained a court adjudication of paternity during his lifetime. The court denied her claim because the state statute required lifetime establishment of paternity to prevent fraud in estate distribution.
Imani Idowu, a nonmarital child, challenged a state law that barred her from inheriting from her father unless he had formally acknowledged her. The court invalidated the statute because it discriminated against nonmarital children without a substantial relation to an important state interest.
Isla Ireland, a nonmarital child, challenged a school-funding system that provided fewer resources to districts serving many nonmarital children. The court upheld the system because wealth-based classifications receive rational-basis review and the funding formula was rationally related to local tax bases.
Ilana Isaacs, an unmarried father with an outstanding support obligation to his nonmarital child, challenged a statute that barred him from marrying until he obtained court permission. The court struck down the law because it burdened the fundamental right to marry without a sufficiently important state interest.
Yes. Once a parent-child relationship is established, modern intestacy statutes treat a nonmarital child the same as a marital child for inheritance purposes.
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An unmarried father receives due-process protection when he has formed a family unit with the child. The state may not remove the child without notice and a hearing on his fitness.
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Yes. A state may impose that requirement because it is substantially related to the important interest in orderly estate administration and fraud prevention.
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The nonmarital child is included unless the will language or circumstances show the transferor intended otherwise.
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…of Justice Powell At issue in this case is the constitutionality of § 12 of the Illinois Probate Act[^maj-1] which allows illegitimate children to inherit by intestate succession only from their mothers. Under Illinois law, legitimate children are allowed to inherit by intestate succession from both their mothers and their…