Legitimacy (family law)

Legitimacy, in traditional Western common law, is the status of a child born to parents who are legally married to each other, and of a child conceived before the parents obtain a legal divorce. Conversely, illegitimacy, also known as bastardy, has been the status of a child born outside marriage, such a child being known as a bastard, a love child, a natural child, or illegitimate. In Scots law, the terms natural son and natural daughter carry the same implications. The importance of legitimacy has decreased substantially in Western developed countries since the sexual revolution of the 1960s and 1970s and the declining influence of Christian churches (especially Catholic and Anglican/Lutheran) in family and social life. Births outside marriage now represent majorities in multiple countries of Western Europe and the Americas, as well as in many former European colonies. In many Western-influenced cultures, stigma based on parents' marital status, and use of the word bastard, are now widely considered dated. England's Statute of Merton (1235) stated, regarding illegitimacy: "He is a bastard that is born before the marriage of his parents." This definition also applied to situations when a child's parents could not marry, as when one or both were already married or when the relationship was incestuous. The Poor Law of 1576 formed the basis of English bastardy law. Its purpose was to punish a bastard child's mother and putative father, and to relieve the parish from the cost of supporting mother and child. "By an act of 1576 (18 Elizabeth C. 3), it was ordered that bastards should be supported by their putative fathers, though bastardy orders in the quarter sessions date from before this date. If the genitor could be found, then he was put under very great pressure to accept responsibility and to maintain the child." Under English law, a bastard could not inherit real property and could not be legitimized by the subsequent marriage of father to mother.

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Family

Family (from familia) is a group of people related either by consanguinity (by recognized birth) or affinity (by marriage or other relationship). It forms the basis for social order. The purpose of the family is to maintain the well-being of its members and of society. Ideally, families offer predictability, structure, and safety as members mature and learn to participate in the community. Historically, most human societies use family as the primary locus of attachment, nurturance, and socialization.

Common-law marriage

Common-law marriage, also known as non-ceremonial marriage, sui iuris marriage, informal marriage, de facto marriage, or marriage by habit and repute. In the jurisdictions where marriage can still be contracted this way, a common law marriage is a legal marriage despite non-compliance with the requirements for a statutory marriage. The original concept of a "common-law marriage" is one considered valid by both partners, but not formally recorded with a state or religious registry, nor celebrated in a formal civil or religious service.

Paternity law

Paternity law refers to body of law underlying legal relationship between a father and his biological or adopted children and deals with the rights and obligations of both the father and the child to each other as well as to others. A child's paternity may be relevant in relation to issues of legitimacy, inheritance and rights to a putative father's title or surname, as well as the biological father's rights to child custody in the case of separation or divorce and obligations for child support.

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