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Legitimacy Definition At A Glance

Legitimacy Definition

To be legitimate, a child must have parents that are wed in the eyes of the law when the birth occurs. Any child that is born out of wedlock is considered to be an illegitimate child. However, today legitimacy also refers to whether or not the father legally acknowledges the child.

Whether or not the parents were married at the time of conception is irrelevant. As long as the parents are legally married at the time of the child’s birth.

The baby is also considered to be the legal husband's child, not the biological father's, unless the biological father files a paternity petition. However, if the husband is medically unable to impregnate his wife or he was away at the time of conception, the child may be considered illegitimate.

The legitimacy of their child is crucial to some women, while others have no preference. However, no matter what an individual or society thinks, the definition of legitimacy remains the same.

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