Also known as: legitimacy status · legitimacy · legitimate status
Written by attorneys · grounded in primary & secondary sources — see below
A legal condition that determines a child's entitlement to inheritance, support, name, and other familial incidents. The condition arises from birth within a valid marriage or from subsequent acts of legitimation recognized by law.
Stephen Shaw offers a dying declaration from his late mother stating that he was born to her and her husband during their marriage. The statement is admitted to prove Stephen's legitimacy even though his mother lacked personal knowledge of the marriage ceremony itself.
Samuel Soto introduces a baptismal entry from his family's church listing his parents as married at the time of his birth. The record is received to establish Samuel's legitimacy for inheritance purposes.
Solomon Silver presents testimony from longtime neighbors that the community always regarded him as the legitimate son of the decedent. The reputation evidence is admitted to prove the status of legitimacy in a will contest.
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Sophia Singh seeks custody modification after the court determines that her children were born during her marriage to the respondent. The legitimacy finding supports her claim that the children are entitled to support and inheritance rights from both parents.
Sasha Stone and her spouse obtain a valid out-of-state marriage. Their child later claims legitimacy under the law of the couple's domicile, which recognizes the marriage and confers full parental rights and inheritance incidents.
Sabrina Shah, the intended mother in a gestational surrogacy arrangement, obtains a judgment declaring the child legitimate. The ruling establishes the child's right to inherit from both intended parents under the applicable state law.
A child who holds the status of legitimacy is entitled to inherit from both parents and to take under instruments using terms such as children or issue. Courts apply choice-of-law rules that favor recognizing legitimacy whenever possible under the law of the parent's domicile or the child's domicile.
Supporting sources
Federal Rules of Evidence 804(b)(4), 803(11), and 803(19) permit statements and records concerning legitimacy even when the declarant lacked personal knowledge. These exceptions cover family-history statements by the declarant, religious-organization records, and community reputation.
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A marriage valid under the law of the place where it was celebrated or under the law of a state with a substantial relation to the parties ordinarily confers legitimacy on the couple's children. The state then gives the same incidents to that status that it gives to legitimacy created under its own law.
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…has taken the drastic step of requiring every State to license and recognize marriages between same-sex couples. IV The legitimacy of this Court ultimately rests “upon the respect accorded to its judgments.” Republican Party of Minn. v. White , 536 U.S. 765, 793 (2002) (Kennedy, J., concurring). That respect flows…