Legitimate vs Illegitimate Child
Distinguishing between the terms legitimate and illegitimate child is quite simple. These terms generally refer to a lawful child or unlawful child. However, due to the negative connotations associated with the term ‘illegitimate,’ it is now more common to use terms such as ‘natural child,’ ‘extra-marital child,’ or ‘non-marital child.’
Key Takeaways
- A legitimate child is one who is conceived or born during a marriage or to parents who are legally married to each other, and has complete filial rights and obligations by birth.
- An illegitimate child is one who is born out of wedlock or outside of a marriage, and traditionally, was considered to have no legal rights.
- Today, many jurisdictions have recognized the rights of illegitimate children, and in some cases, they have the same rights as legitimate children.
Who is a Legitimate Child?
The term legitimate child traditionally refers to a child conceived or born during a marriage or to parents who are legally married to each other. This indicates that the child was lawfully begotten because marriage was considered a sacred and lawful union. In ancient legal systems, a legitimate child was automatically granted a status of legitimacy, which entitled them to certain rights and privileges, such as inheritance, use of the parents’ surname, and rights to monetary or other forms of support.
Who is an Illegitimate Child?
An illegitimate child is one who was born out of wedlock or outside of a marriage, and whose parents were not married to each other at the time of their conception or birth. In early Roman and English law, these children were denied or restricted rights, and their status of illegitimacy had legal consequences. However, today’s legal systems have changed significantly, with many jurisdictions recognizing the rights of illegitimate children, and in some cases, giving them the same rights as legitimate children.
Difference between Legitimate and Illegitimate Child
The main difference between legitimate and illegitimate children is that legitimate children are born during a marriage or to legally married parents, while illegitimate children are born out of wedlock or to parents who are not married. Legitimate children are entitled to inherit their parents’ property and receive support, while illegitimate children traditionally had no legal rights. However, this situation has changed, and illegitimate children now often enjoy the same rights as legitimate children.
