Legitimation is a remedy by which children conceived and born outside of wedlock are, by the subsequent valid marriage of their parents, considered legitimate. The essential requirement is that, at the time the child was conceived, the parents were not disqualified by any impediment to marry each other — that is, they could have validly married then but did not. Originally the rule required that there be no legal impediment at all; the law was later amended so that children conceived and born of parents who, at the time of conception, were below eighteen years old (and thus lacked capacity due to age) may also be legitimated by the subsequent marriage. If, however, the parents were disqualified for another reason (for example, one of them was already married to another person), the child cannot be legitimated by the later marriage. Legitimation takes place by operation of law upon the celebration of the valid marriage of the parents; no separate court proceeding is needed to acquire the status, though the civil registry records are annotated. Its effect is powerful and retroactive: legitimated children enjoy the same rights as legitimate children, and the legitimation retroacts to the time of the child's birth. This affects the child's surname, parental authority, support, and especially successional rights, since a legitimated child inherits as a legitimate child. So when parents who were free to marry at conception later marry, their child automatically becomes legitimate.
What Legitimation Is
Legitimation makes children born outside wedlock legitimate through the subsequent valid marriage of their parents.
The Key Requirement
At the time of conception, the parents must not have been disqualified to marry each other. Children of parents who were below eighteen at conception may also be legitimated. If there was another impediment (e.g., one was married to another), the child cannot be legitimated.
Automatic and Retroactive Effect
Legitimation happens by operation of law upon the marriage — no separate court case needed — and retroacts to the child's birth. Legitimated children have the same rights as legitimate children, including surname, support, and inheritance.
Practical Takeaways
- Legitimation = born outside marriage, made legitimate by the parents' later marriage;
- Works only if the parents were free to marry at conception;
- It is automatic and retroactive, giving full legitimate-child rights.
Frequently Asked Questions
What is legitimation? A remedy by which children conceived and born outside of wedlock become legitimate through the subsequent valid marriage of their parents.
What is required for legitimation? That at the time of conception the parents were not disqualified by any impediment to marry each other. Children of parents who were below eighteen at conception may also be legitimated.
Does legitimation require a court case? No. Legitimation takes place by operation of law upon the celebration of the parents' valid marriage, though the civil registry records are annotated. No separate proceeding is needed to acquire the status.
What are the effects of legitimation? Legitimated children enjoy the same rights as legitimate children, and the legitimation retroacts to the time of birth, affecting surname, parental authority, support, and successional rights.
This commentary is for general informational purposes only and does not constitute legal advice. For guidance specific to your situation, please consult a licensed attorney.
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