Legitimacy (law) - Contemporary Position

Contemporary Position

Despite the decreasing legal relevance of illegitimacy, an important exception may be found in the nationality laws of many countries, which discriminate against illegitimate children in the application of jus sanguinis, particularly in cases where the child's connection to the country lies only through the father. This is true of the United States, and its constitutionality was upheld by the Supreme Court in Nguyen v. INS.

Legitimacy also continues to be relevant to hereditary titles, with only legitimate children being admitted to the line of succession. However, some monarchs such as Elizabeth I of England succeeded to the throne despite the controversial status of their legitimacy, due to special legislation.

Annulment of marriage does not change the status of illegitimacy of children born to the couple during their putative marriage, i.e., between their marriage ceremony and the legal annulment of their marriage. For example, canon 1137 of the Roman Catholic Church's Code of Canon Law specifically affirms the legitimacy of a child born to a marriage that is declared null following the child's birth.

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