Illegitamacy
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Legitimacy, in traditional Western common law, is the status of a
child A child ( : children) is a human being between the stages of birth and puberty, or between the developmental period of infancy and puberty. The legal definition of ''child'' generally refers to a minor, otherwise known as a person younger ...
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 Scots law () is the legal system of Scotland. It is a hybrid or mixed legal system containing civil law and common law elements, that traces its roots to a number of different historical sources. Together with English law and Northern Ireland l ...
, the terms natural son and natural daughter bear the same implications. The importance of legitimacy has decreased substantially in Western countries since the
sexual revolution The sexual revolution, also known as the sexual liberation, was a social movement that challenged traditional codes of behavior related to sexuality and interpersonal relationships throughout the United States and the developed world from the 1 ...
of the 1960s and 1970s and the declining influence of conservative Christian churches in family and social life. Births outside marriage now represent a large majority in many 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 offensive.


Law

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 English law is the common law legal system of England and Wales, comprising mainly criminal law and civil law, each branch having its own courts and procedures. Principal elements of English law Although the common law has, historically, be ...
, a bastard could not inherit
real property In English common law, real property, real estate, immovable property or, solely in the US and Canada, realty, is land which is the property of some person and all structures (also called improvements or fixtures) integrated with or affixe ...
and could not be legitimized by the subsequent marriage of father to mother. There was one exception: when his father subsequently married his mother, and an older illegitimate son (a "bastard eignè") took possession of his father's lands after his death, he would pass the land on to his own heirs on his death, as if his possession of the land had been retroactively converted into true ownership. A younger non-bastard brother (a "mulier puisnè") would have no claim to the land. There were many "natural children" of Scotland's monarchy granted positions which founded prominent families. In the 14th century, Robert II of Scotland gifted one of his illegitimate sons estates in
Bute Bute or BUTE may refer to: People * Marquess of Bute, a title in the Peerage of Great Britain; includes lists of baronets, earls and marquesses of Bute * Lord of Bute, a title in medieval Scotland, including a list of lords * Lucian Bute (born ...
, founding the Stewarts of Bute, and similarly a natural son of Robert III of Scotland was ancestral to the Shaw Stewarts of Greenock. In
Scots law Scots law () is the legal system of Scotland. It is a hybrid or mixed legal system containing civil law and common law elements, that traces its roots to a number of different historical sources. Together with English law and Northern Ireland l ...
an illegitimate child, a "natural son" or "natural daughter", would be legitimated by the subsequent marriage of his parents, provided they were free to marry at the date of the conception. The Legitimation (Scotland) Act 1968 extended legitimation by the subsequent marriage of the parents to children conceived when their parents were not free to marry, but this was repealed in 2006 by the amendment of section 1 of the Law Reform (Parent and Child) (Scotland) Act 1986 (as amended in 2006) which abolished the status of illegitimacy stating that "(1) No person whose status is governed by Scots law shall be illegitimate ...". The '' Legitimacy Act 1926'' of England and Wales legitimized the birth of a child if the parents subsequently married each other, provided that they had not been married to someone else in the meantime. The '' Legitimacy Act 1959'' extended the legitimization even if the parents had married others in the meantime and applied it to putative marriages which the parents incorrectly believed were valid. Neither the 1926 nor 1959 Acts changed the laws of
succession to the British throne Succession to the British throne is determined by descent, gender, legitimacy and religion. Under common law, the Crown is inherited by a sovereign's children or by a childless sovereign's nearest collateral line. The Bill of Rights 1689 an ...
and succession to
peerage A peerage is a legal system historically comprising various hereditary titles (and sometimes non-hereditary titles) in a number of countries, and composed of assorted noble ranks. Peerages include: Australia * Australian peers Belgium * Belgi ...
and baronetcy titles. In Scotland children legitimated by the subsequent marriage of their parents have always been entitled to succeed to peerages and baronetcies and The Legitimation (Scotland) Act 1968 extended this right to children conceived when their parents were not free to marry. The ''Family Law Reform Act'' 1969 (c. 46) allowed a bastard to inherit on the intestacy of his parents. In canon and in civil law, the offspring of putative marriages have also been considered legitimate. Since December 2003 in England and Wales, April 2002 in Northern Ireland and May 2006 in Scotland, an unmarried father has parental responsibility if he is listed on the birth certificate. In the United States, in the early 1970s a series of
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decisions held that most common-law disabilities imposed upon illegitimacy were invalid as violations of the
Equal Protection Clause The Equal Protection Clause is part of the first section of the Fourteenth Amendment to the United States Constitution. The clause, which took effect in 1868, provides "''nor shall any State ... deny to any person within its jurisdiction the equal ...
of the
Fourteenth Amendment to the United States Constitution The Fourteenth Amendment (Amendment XIV) to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments. Often considered as one of the most consequential amendments, it addresses citizenship rights and ...
. Still, children born out of wedlock may not be eligible for certain federal benefits (e.g., automatic
naturalization Naturalization (or naturalisation) is the legal act or process by which a non-citizen of a country may acquire citizenship or nationality of that country. It may be done automatically by a statute, i.e., without any effort on the part of the in ...
when the father becomes a US citizen) unless the child has been legitimized in the appropriate jurisdiction. Many other countries have legislatively abolished any legal disabilities of a child born out of wedlock. In France, legal reforms regarding illegitimacy began in the 1970s, but it was only in the 21st century that the principle of equality was fully upheld (through Act no. 2002-305 of 4 March 2002, removing mention of "illegitimacy" — ''filiation légitime'' and ''filiation naturelle''; and through law no. 2009-61 of 16 January 2009). In 2001, France was forced by the European Court of Human Rights to change several laws that were deemed discriminatory, and in 2013 the Court ruled that these changes must also be applied to children born before 2001. In some countries, the family law itself explicitly states that there must be equality between the children born outside and inside marriage: in Bulgaria, for example, the new 2009 Family Code lists "equality of the born during the matrimony, out of matrimony and of the adopted children" as one of the principles of family law. The ''European Convention on the Legal Status of Children Born out of Wedlock'' came into force in 1978. Countries which ratify it must ensure that children born outside marriage are provided with legal rights as stipulated in the text of this convention. The convention was ratified by the UK in 1981 and by Ireland in 1988. In later years, the inheritance rights of many illegitimate children have improved, and changes of laws have allowed them to inherit properties. More recently, the laws of England have been changed to allow illegitimate children to inherit entailed property, over their legitimate brothers and sisters.


Contemporary situation

Despite the decreasing legal relevance of illegitimacy, an important exception may be found in the
nationality law Nationality law is the law of a sovereign state, and of each of its jurisdictions, that defines the legal manner in which a national identity is acquired and how it may be lost. In international law, the legal means to acquire nationality and for ...
s of many countries, which do not apply ''
jus sanguinis ( , , ; 'right of blood') is a principle of nationality law by which citizenship is determined or acquired by the nationality or ethnicity of one or both parents. Children at birth may be citizens of a particular state if either or both of t ...
'' (nationality by citizenship of a parent) to children born out of wedlock, particularly in cases where the child's connection to the country lies only through the father. This is true, for example, of the United States, and its constitutionality was upheld in 2001 by the
Supreme Court A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...
in ''
Nguyen v. INS ''Nguyen v. INS'', 533 U.S. 53 (2001), was a United States Supreme Court case in which the Court upheld the validity of laws relating to U.S. citizenship at birth for children born outside the United States, out of wedlock, to an American parent. ...
''. In the UK, the policy was changed so that children born after 1 July 2006 could receive British citizenship from their father if their parents were unmarried at the time of the child's birth; illegitimate children born before this date cannot receive British citizenship through their father. Legitimacy also continues to be relevant to hereditary titles, with only legitimate children being admitted to the line of succession. Some monarchs, however, have succeeded to the throne despite the controversial status of their legitimacy. For example, Elizabeth I succeeded to the throne though she was legally held illegitimate as a result of her parents' marriage having been annulled after her birth. Her older half-sister Mary I had acceded to the throne before her in a similar circumstance: her parents' marriage had been annulled in order to allow her father to marry Elizabeth's mother. Annulment of marriage does not currently change the status of legitimacy 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 Code of Canon Law () may refer to: * ''Corpus Juris Canonici'' ('Body of Canon Law'), a collection of sources of canon law of the Catholic Church applicable to the Latin Church until 1918 * 1917 Code of Canon Law, code of canon law for the Catholi ...
specifically affirms the legitimacy of a child born to a marriage that is declared null following the child's birth. The Catholic Church is also changing its attitude toward unwed mothers and baptism of the children. In criticizing the priests who refused to baptize out-of-wedlock children, Pope Francis argued that the mothers had done the right thing by giving life to the child and should not be shunned by the church:


Nonmarital births

The proportion of children born outside marriage has been rising since the turn of the 21st century in most European Union countries, North America, and Australia. In Europe, besides the low levels of fertility rates and the delay of motherhood, another factor that now characterizes fertility is the growing percentage of births outside marriage. In the EU, this phenomenon has been on the rise in recent years in almost every country; and in eight EU countries, mostly in northern Europe, as well as in Iceland outside of the EU, it already accounts for the majority of births. In 2009, 41% of children born in the United States were born to unmarried mothers, a significant increase from the 5% of half a century earlier. That includes 73% of non-Hispanic black children, 53% of Hispanic children (of all races), and 29% of non-Hispanic white children. In 2020, the proportion was almost similar, with 40.5% of children born in the US being born to unmarried mothers. In April 2009, the
National Center for Health Statistics The National Center for Health Statistics (NCHS) is a U.S. government agency that provides statistical information to guide actions and policies to improve the public health of the American people. It is a unit of the Centers for Disease Control ...
announced that nearly 40 percent of American infants born in 2007 were born to an unwed mother; that of 4.3 million children, 1.7 million were born to unmarried parents, a 25 percent increase from 2002. Most births to teenagers in the USA (86% in 2007) are nonmarital; in 2007, 60% of births to women 20–24, and nearly one-third of births to women 25–29, were nonmarital. In 2007, teenagers accounted for just 23% of nonmarital births, down steeply from 50% in 1970. In 2014, 42% of all births in the 28 EU countries were nonmarital. The percentage was also 42% in 2018. In 2018, births outside of marriage represented the majority of births in eight EU member states: France (60%), Bulgaria (59%), Slovenia (58%), Portugal (56%), Sweden (55%), Denmark and Estonia (both 54%), and the Netherlands (52%). The lowest percentage were in Greece, Cyprus, Croatia, Poland and Lithuania, with a percentage of under 30%. To a certain degree, religion (the religiosity of the population - see Religion in Europe) correlates with the proportion of nonmarital births (e.g., Greece, Cyprus, Croatia have a low percentage of births outside marriage), but this is not always the case: Portugal (56% in 2018) is among the most religious countries in Europe. The proportion of nonmarital births is also approaching half in the Czech Republic (48.5%. in 2021), the United Kingdom (48.2% as of 2017) and Hungary (46.7% as of 2016). The prevalence of births to unmarried women varies not only between different countries, but also between different geographical areas of the same country: for example, in Germany, there are very strong differences between the regions of former West Germany and East Germany with a non-religious majority. Significantly more children are born out of wedlock in eastern Germany than in western Germany. In 2012, in eastern Germany 61.6% of births were to unmarried women, while in western Germany only 28.4% were. In the UK, in 2014, 59.4% of births were nonmarital in North East of England, 58.9% in Wales, 54.2% in
North West England North West England is one of nine official regions of England and consists of the ceremonial counties of England, administrative counties of Cheshire, Cumbria, Greater Manchester, Lancashire and Merseyside. The North West had a population of ...
, 52.4% in Yorkshire and the Humber, 52% in
East Midlands The East Midlands is one of nine official regions of England at the first level of ITL for statistical purposes. It comprises the eastern half of the area traditionally known as the Midlands. It consists of Leicestershire, Derbyshire, Li ...
, 50.8% in Scotland, 50.4% in West Midlands, 48.5% in South West England, 45.5% in
East of England The East of England is one of the nine official regions of England. This region was created in 1994 and was adopted for statistics purposes from 1999. It includes the ceremonial counties of Bedfordshire, Cambridgeshire, Essex, Hertfordshire ...
, 43.2% in Northern Ireland, 42.9% in South East England, and 35.7% in London. In France, in 2012, 66.9% of births were nonmarital in Poitou-Charentes, while only 46.6% were in Ile-de-France (which contains Paris). One of the reasons for the lower prevalence of nonmarital births in the metropolis is the high number of immigrants from conservative world regions. In Canada, in Quebec, the majority of births since 1995 onwards have been outside marriage. As of 2015, 63% of births were outside marriage in Quebec. Traditionally conservative Catholic countries in the EU now also have substantial proportions of nonmarital births, as of 2016 (except where otherwise stated): Portugal (52.8% ), Spain (45.9%), Austria (41.7%), Luxembourg (40.7%) Slovakia (40.2%), Ireland (36.5%), Malta (31.8%) The percentage of first-born children born out of wedlock is considerably higher (by roughly 10%, for the EU), as marriage often takes place after the first baby has arrived. For example, for the Czech Republic, whereas the total nonmarital births are less than half, 47.7%, (third quarter of 2015) the percentage of first-born outside marriage is more than half, 58.2%. In
Australia Australia, officially the Commonwealth of Australia, is a Sovereign state, sovereign country comprising the mainland of the Australia (continent), Australian continent, the island of Tasmania, and numerous List of islands of Australia, sma ...
, in 1971, only 7% of births were outside of marriage, compared to 36% in 2020. The proportion of births outside of marriage was the highest in the Northern Territory (59%) and the lowest in the ACT (28%). Latin America has the highest rates of non-marital childbearing in the world (55–74% of all children in this region are born to unmarried parents). In most countries in this traditionally Catholic region, children born outside marriage are now the norm. Recent figures from Latin America show non-marital births to be 74% in
Colombia Colombia (, ; ), officially the Republic of Colombia, is a country in South America with insular regions in North America—near Nicaragua's Caribbean coast—as well as in the Pacific Ocean. The Colombian mainland is bordered by the Car ...
, 70% in Paraguay, 69% in Peru, 63% in the Dominican Republic, 58% in Argentina, 55% in Mexico. In Brazil, non-marital births increased to 65.8% in 2009, up from 56.2% in 2000. In Chile, non-marital births increased to 70.7% in 2013, up from 48.3% in 2000. Even in the early 1990s, the phenomenon was very common in Latin America. For example, in 1993, out-of-wedlock births in Mexico were 41.5%, in Chile 43.6%, in Puerto Rico 45.8%, in
Costa Rica Costa Rica (, ; ; literally "Rich Coast"), officially the Republic of Costa Rica ( es, República de Costa Rica), is a country in the Central American region of North America, bordered by Nicaragua to the north, the Caribbean Sea to the no ...
48.2%, in Argentina 52.7%, in Belize 58.1%, in
El Salvador El Salvador (; , meaning " The Saviour"), officially the Republic of El Salvador ( es, República de El Salvador), is a country in Central America. It is bordered on the northeast by Honduras, on the northwest by Guatemala, and on the south b ...
73%, in
Suriname Suriname (; srn, Sranankondre or ), officially the Republic of Suriname ( nl, Republiek Suriname , srn, Ripolik fu Sranan), is a country on the northeastern Atlantic coast of South America. It is bordered by the Atlantic Ocean to the north ...
66% and in Panama 80%. Out-of-wedlock births are less common in Asia: in 1993 the rate in
Japan Japan ( ja, 日本, or , and formally , ''Nihonkoku'') is an island country in East Asia. It is situated in the northwest Pacific Ocean, and is bordered on the west by the Sea of Japan, while extending from the Sea of Okhotsk in the north ...
was 1.4%; in Israel, 3.1%; in
China China, officially the People's Republic of China (PRC), is a country in East Asia. It is the world's most populous country, with a population exceeding 1.4 billion, slightly ahead of India. China spans the equivalent of five time zones and ...
, 5.6%; in Uzbekistan, 6.4%; in Kazakhstan, 21%; in Kyrgyzstan, 24%. However, in the Philippines, the out-of-wedlock birth rate was 37% in 2008–9, which skyrocketed to 52.1% by 2015.


Covert illegitimacy

Covert illegitimacy is a situation which arises when someone who is presumed to be a child's father (or mother) is in fact not the biological father (or mother). Frequencies as high as 30% are sometimes assumed in the media, but research by sociologist Michael Gilding traced these overestimates back to an informal remark at a 1972 conference.Philipp EE (1973) "Discussion: moral, social and ethical issues". In: Wolstenholme GEW, Fitzsimons DW, eds. ''Law and ethics of AID and embryo transfer''. Ciba Foundation symposium. Vol 17. London: Associated Scientific 63–66 The detection of unsuspected illegitimacy can occur in the context of medical genetic screening, in genetic family name research, and in immigration testing. Such studies show that covert illegitimacy is in fact less than 10% among the sampled African populations, less than 5% among the sampled Native American and Polynesian populations, less than 2% of the sampled Middle Eastern population, and generally 1%-2% among European samples.


Causes for rise in nonmarital births

The rise in illegitimacy noted in Britain throughout the eighteenth century has been associated with the rise of new employment opportunities for women, making them less dependent upon a husband's earnings. However, the Marriage Act 1753 sought to curb this practice, by combining the spousals and nuptials; and by the start of the 19th century,
social convention A convention is a set of agreed, stipulated, or generally accepted standards, norms, social norms, or criteria, often taking the form of a custom. In a social context, a convention may retain the character of an "unwritten law" of custom (for ex ...
prescribed that brides be virgins at marriage, and illegitimacy became more socially discouraged, especially during the Victorian era. Later in the 20th century, the social changes of the 1960s and 1970s started to reverse this trend, with an increase in cohabitation and alternative family formation. Elsewhere in Europe and Latin America, the increase in nonmarital births from the late 20th century on has been linked to secularization, enhanced women's rights and standing in society, and the fall of authoritarian dictatorships. Before the dissolution of Marxist-Leninist regimes in Europe, women's participation in the workforce was actively encouraged by most governments, but socially conservative regimes such as that of Nicolae Ceausescu practiced restrictive and natalist policies regarding family reproduction, such as total bans on contraception and abortion, and birth rates were tightly controlled by the state. After the dissolution of those regimes, the population was given more choices on how to organize their personal lives, and in regions such as former East Germany, the rate of births outside marriage increased dramatically: as of 2012, 61.6% of births there were outside marriage. Far-right regimes such as those of Francoist Spain and Portugal's '' Estado Novo'' also fell, leading to the democratization and liberalization of society. In Spain and Portugal, important legal changes throughout the 1970s and 1980s included legalization of divorce, decriminalization of adultery, introduction of gender equality in family law, and removal of the ban on contraception. In many countries there has been a dissociation between marriage and fertility, with the two no longer being closely associated—with births to unmarried couples, as well as
childless ''Childless'' is a 2008 American drama film written and directed by Charlie Levi and starring Barbara Hershey, Joe Mantegna, James Naughton and Diane Venora. The sudden passing of a teenage girl unsettles the four adults in her life. Jarred by ...
married couples, becoming more common and more socially acceptable. Contributions to these societal changes have been made by the weakening of social and legal norms that regulate peoples' personal lives and relations, especially in regard to marriage, secularization and decreased church control of reproduction, increased participation of women in the labor force, changes in the meaning of marriage, risk reduction, individualism, changing views on female sexuality, and availability of contraception. New concepts have emerged, such as that of reproductive rights, though these concepts have not been accepted by all cultures. Under the notions of reproductive and sexual rights, individuals—not the state, church, community, etc.—shall decide whether and when individuals shall have children, their number and spacing, the circumstances under which individuals will or will not be sexually active, and their choice of intimate partners and type of relationship. It is argued that in some places where the control of the church (especially the Roman Catholic Church) was traditionally very strong, the social changes of the 1960s and 1970s have led to a negative reaction of the population against the lifestyles promoted by the church. One of the explanations of the current high rates of unmarried cohabitation in Quebec is that the traditionally strong social control of the church and the Catholic doctrine over people's private relations and sexual morality has led the population to rebel against traditional and conservative social values; since 1995 the majority of births in this province are outside marriage, and as of 2015, in Quebec, 63% of children were born to unmarried women. The past few decades have seen decreased marriage rates in most Western countries, and this decrease has been accompanied by increased emergence of non-traditional family forms. Average marriage rates across OECD countries have fallen from 8.1 marriages per 1,000 people in 1970 to 5.0 in 2009. Research on the situation in Bulgaria has concluded that


History

Certainty of paternity has been considered important in a wide range of eras and cultures, especially when inheritance and citizenship were at stake, making the tracking of a man's estate and genealogy a central part of what defined a "legitimate" birth. The ancient Latin dictum, "''
Mater semper certa est ("The mother is always certain") is a Roman-law principle which has the power of , meaning that no counter-evidence can be made against this principle (literally: presumption of law and by law). It provides that the mother of the child is conc ...
''" ("The dentity of themother is always certain", while the father is not), emphasized the dilemma. In English common law, Justice
Edward Coke Edward is an English given name. It is derived from the Anglo-Saxon name ''Ēadweard'', composed of the elements '' ēad'' "wealth, fortune; prosperous" and '' weard'' "guardian, protector”. History The name Edward was very popular in Anglo-Sa ...
in 1626 promulgated the "Four Seas Rule" (''extra quatuor maria'') asserting that, absent impossibility of the father being fertile, there was a presumption of paternity that a married woman's child was her husband's child. That presumption could be questioned, though courts generally sided with the presumption, thus expanding the range of the presumption to a "Seven Seas Rule". But it was only with the Marriage Act 1753 that a formal and public marriage ceremony at civil law was required, whereas previously marriage had a
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if celebrated in an
Anglican Anglicanism is a Western Christian tradition that has developed from the practices, liturgy, and identity of the Church of England following the English Reformation, in the context of the Protestant Reformation in Europe. It is one of th ...
church. Still, many "clandestine" marriages occurred. In many societies, people born out of wedlock did not have the same rights of inheritance as those within it, and in some societies, even the same civil rights. In the United Kingdom and the United States, as late as the 1960s and in certain social strata even up to today, nonmarital birth has carried a social stigma.Flora Armitage, ''The Desert and the Stars: A Biography of Lawrence of Arabia'', p. 42. In previous centuries unwed mothers were forced by social pressure to give their children up for
adoption Adoption is a process whereby a person assumes the parenting of another, usually a child, from that person's biological or legal parent or parents. Legal adoptions permanently transfer all rights and responsibilities, along with filiation, from ...
. In other cases nonmarital children have been reared by
grandparent Grandparents, individually known as grandmother and grandfather, are the parents of a person's father or mother – paternal or maternal. Every sexually-reproducing living organism who is not a genetic chimera has a maximum of four genetic gra ...
s or married
relative Relative may refer to: General use *Kinship and family, the principle binding the most basic social units society. If two people are connected by circumstances of birth, they are said to be ''relatives'' Philosophy *Relativism, the concept that ...
s as the "sisters", "brothers" or "cousins" of the unwed mothers. In most national jurisdictions, the status of a child as a legitimate or illegitimate heir could be changed—in either direction—under the civil law: A legislative act could deprive a child of legitimacy; conversely, a marriage between the previously unmarried parents, usually within a specified time, such as a year, could retroactively legitimate a child's birth. Fathers of illegitimate children often did not incur comparable censure or legal responsibility, due to social attitudes about sex, the nature of sexual reproduction, and the difficulty of determining paternity with certainty. By the final third of the 20th century, in the United States, all the states had adopted uniform laws that codified the responsibility of both parents to provide support and care for a child, regardless of the parents' marital status, and gave nonmarital as well as
adopted Adoption is a process whereby a person assumes the parenting of another, usually a child, from that person's biological or legal parent or parents. Legal adoptions permanently transfer all rights and responsibilities, along with filiation, from ...
persons equal rights to inherit their parents' property. In the early 1970s, a series of
Supreme Court A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...
decisions abolished most, if not all, of the common-law disabilities of nonmarital birth, as being violations of the equal-protection clause of the
Fourteenth Amendment to the United States Constitution The Fourteenth Amendment (Amendment XIV) to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments. Often considered as one of the most consequential amendments, it addresses citizenship rights and ...
. Generally speaking, in the United States, "illegitimate" has been supplanted by the phrase "born out of wedlock." In contrast, other jurisdictions (particularly western continental European countries) tend to favour social parentage over the biological parentage. Here a man (not necessarily the biological father) may voluntarily recognise the child to be identified as the father, thus giving legitimacy to the child; the biological father does not have any special rights in this area. In France a mother may refuse to recognise her own child (see
anonymous birth An anonymous birth is a birth where the mother gives birth to a child without disclosing her identity, or where her identity remains unregistered. In many countries, anonymous births have been legalized for centuries in order to prevent formerly f ...
). A contribution to the decline of the concept of illegitimacy had been made by increased ease of obtaining divorce. Before this, the mother and father of many children had been unable to marry each other because one or the other was already legally bound, by civil or canon law, in a non-viable earlier marriage that did not permit divorce. Their only recourse, often, had been to wait for the death of the earlier spouse(s). Thus Polish political and military leader Józef Piłsudski (1867–1935) was unable to marry his second wife,
Aleksandra Alexandra () is the feminine form of the given name Alexander (, ). Etymologically, the name is a compound of the Greek verb (; meaning 'to defend') and (; GEN , ; meaning 'man'). Thus it may be roughly translated as "defender of man" or "prot ...
, until his first wife, Maria, died in 1921; by this time, Piłsudski and Aleksandra had two out-of-wedlock daughters.


Social implications

Nonmarital birth has affected not only the individuals themselves. The stress that such circumstances of birth once regularly visited upon families is illustrated in the case of Albert Einstein and his wife-to-be, Mileva Marić, who—when she became pregnant with the first of their three children, Lieserl—felt compelled to maintain separate domiciles in different cities. Some persons born outside of marriage have been driven to excel in their endeavors, for good or ill, by a desire to overcome the social stigma and disadvantage that attached to it. Nora Titone, in her book ''My Thoughts Be Bloody'', recounts how the shame and ambition of actor Junius Brutus Booth's two actor sons born outside of marriage,
Edwin Booth Edwin Thomas Booth (November 13, 1833 – June 7, 1893) was an American actor who toured throughout the United States and the major capitals of Europe, performing Shakespearean plays. In 1869, he founded Booth's Theatre in New York. Some theatri ...
and John Wilkes Booth, spurred them to strive, as rivals, for achievement and acclaim—John Wilkes, the assassin of Abraham Lincoln, and Edwin, a Unionist who a year earlier had saved the life of Lincoln's son, Robert Todd Lincoln, in a railroad accident.Nora Titone.
My Thoughts Be Bloody: The Bitter Rivalry Between Edwin and John Wilkes Booth That Led to an American Tragedy
'. New York: Simon and Schuster; 2010 ited September 24, 2011 .
Historian John Ferling, in his book ''Jefferson and Hamilton: The Rivalry That Forged a Nation'', makes the same point: that
Alexander Hamilton Alexander Hamilton (January 11, 1755 or 1757July 12, 1804) was an American military officer, statesman, and Founding Father who served as the first United States secretary of the treasury from 1789 to 1795. Born out of wedlock in Charlest ...
's nonmarital birth spurred him to seek accomplishment and distinction. The Swedish artist Anders Zorn (1860–1920) was similarly motivated by his nonmarital birth to prove himself and excel in his métier. Similarly, T. E. Lawrence's biographer Flora Armitage writes about being born outside of marriage: "The effect on . E.Lawrence of this discovery was profound; it added to the romantic urge for heroic conduct—the dream of the Sangreal—the seed of ambition, the desire for honor and distinction: the redemption of the blood from its taint." Another biographer,
John E. Mack John Edward Mack (October 4, 1929 – September 27, 2004) was an American psychiatrist, writer, and professor and the head of the department of psychiatry at Harvard Medical School. In 1977, Mack won the Pulitzer Prize for his book ''A Pri ...
, writes in a similar vein: " s mother required of him that he ''redeem'' her fallen state by his own special achievements, by being a person of unusual value who accomplishes great deeds, preferably religious and ideally on an heroic scale. Lawrence did his best to fulfill heroic deeds. But he was plagued, especially after the events of the war activated his inner conflicts, by a deep sense of failure. Having been deceived as a child he was later to feel that he himself was a deceiver—that he had deceived the Arabs..." "Mrs. Lawrence's original hope that her sons would provide her personal redemption by becoming Christian missionaries was fulfilled only by awrence's brotherRobert." Mack elaborates further: "Part of his creativity and originality lies in his 'irregularity,' in his capacity to remain outside conventional ways of thinking, a tendency which... derives, at least in part, from his illegitimacy. Lawrence's capacity for invention and his ability to see unusual or humorous relationships in familiar situations come also... from his illegitimacy. He was not limited to established or 'legitimate' solutions or ways of doing things, and thus his mind was open to a wider range of possibilities and opportunities.
t the same time T, or t, is the twentieth Letter (alphabet), letter in the Latin alphabet, used in the English alphabet, modern English alphabet, the alphabets of other western European languages and others worldwide. Its name in English is English alphabe ...
Lawrence's illegitimacy had important social consequences and placed limitations upon him, which rankled him deeply... At times he felt socially isolated when erstwhile friends shunned him upon learning of his background. Lawrence's delight in making fun of regular officers and other segments of 'regular' society... derived... at least in part from his inner view of his own irregular situation. His fickleness about names for himself e changed his name twice to distance himself from his "Lawrence of Arabia" personais directly related... to his view of his parents and to his identification with them is father had changed his name after running off with T. E. Lawrence's future mother" Christopher Columbus' first son, Diego Columbus (born between 1474 and 1480; died 1526), by Columbus' wife, Filipa Moniz Perestrelo, followed in his father's footsteps to become the 2nd Admiral of the Indies, 2nd Viceroy of the Indies, and 4th Governor of the Indies. Columbus' second son,
Fernando Columbus Ferdinand Columbus (Spanish: ''Fernando Colón'' also ''Hernando'', Portuguese: ''Fernando Colombo'', Italian: ''Fernando Colombo''; c. 24 August 1488 – 12 July 1539) was a Spanish bibliographer and cosmographer, the second son of Christopher C ...
(also known as Hernando; 1488–1539), was his out-of-wedlock son by Beatriz Enríquez de Arana and—while he grew up with a fair amount of power and privilege—due to the circumstances of his birth he never quite gained the prominence his father did. Hernando Columbus' biographer Edward Wilson-Lee says Hernando "always wanted to prove himself his father's son in spirit. he undertook th extraordinary project fbuilding a universal library that would
old Old or OLD may refer to: Places *Old, Baranya, Hungary *Old, Northamptonshire, England *Old Street station, a railway and tube station in London (station code OLD) *OLD, IATA code for Old Town Municipal Airport and Seaplane Base, Old Town, Mai ...
every book in the world... very much saw this as a counterpart to his father's desire to circumnavigate the world.... Hernando was going to build a universal library that would circumnavigate the world of knowledge." However, realizing that such a large collection of books would not be very useful without a way of organizing and distilling them, he employed an army of readers to read every book and distill it down to a short summary, or "
epitome An epitome (; gr, ἐπιτομή, from ἐπιτέμνειν ''epitemnein'' meaning "to cut short") is a summary or miniature form, or an instance that represents a larger reality, also used as a synonym for embodiment. Epitomacy represents "t ...
". The result was the ''Libro de los Epitomes'' (Book of Epitomes). Soon after Hernando's death in 1539 at age 50, this volume went missing for nearly 500 years—until in 2019 it was serendipitously discovered in a University of Copenhagen special collection. Many of the early printed publications that the ''Book of Epitomes'' summarizes are now lost; but thanks to the out-of-wedlock bibliophile Hernando Columbus, eager to emulate in his own way his father and "legitimate" half-brother, invaluable insights are becoming available into the knowledge and thought of the early Modern Period.


Violence and honor killings

While births outside marriage are considered acceptable in many world regions, in some parts of the world they remain highly stigmatized. Women who have given birth under such circumstances are often subjected to violence at the hands of their families; and may even become victims of so-called honor killings. These women may also be prosecuted under laws forbidding sexual relations outside marriage and may face consequent punishments, including stoning.


In fiction

Illegitimacy has for centuries provided a motif and plot element to works of fiction by prominent authors, including William Shakespeare, Benjamin Franklin, Henry Fielding, Voltaire,
Jane Austen Jane Austen (; 16 December 1775 – 18 July 1817) was an English novelist known primarily for her six major novels, which interpret, critique, and comment upon the British landed gentry at the end of the 18th century. Austen's plots of ...
, Alexandre Dumas, ''père'', Charles Dickens, Nathaniel Hawthorne, Wilkie Collins,
Anthony Trollope Anthony Trollope (; 24 April 1815 – 6 December 1882) was an English novelist and civil servant of the Victorian era. Among his best-known works is a series of novels collectively known as the '' Chronicles of Barsetshire'', which revolves ar ...
, Alexandre Dumas, ''fils'', George Eliot,
Victor Hugo Victor-Marie Hugo (; 26 February 1802 – 22 May 1885) was a French Romantic writer and politician. During a literary career that spanned more than sixty years, he wrote in a variety of genres and forms. He is considered to be one of the great ...
, Leo Tolstoy, Ivan Turgenev, Fyodor Dostoyevsky,
Thomas Hardy Thomas Hardy (2 June 1840 – 11 January 1928) was an English novelist and poet. A Victorian realist in the tradition of George Eliot, he was influenced both in his novels and in his poetry by Romanticism, including the poetry of William Word ...
, Alphonse Daudet, Bolesław Prus, Henry James,
Joseph Conrad Joseph Conrad (born Józef Teodor Konrad Korzeniowski, ; 3 December 1857 – 3 August 1924) was a Poles in the United Kingdom#19th century, Polish-British novelist and short story writer. He is regarded as one of the greatest writers in t ...
, E. M. Forster,
C. S. Forester Cecil Louis Troughton Smith (27 August 1899 – 2 April 1966), known by his pen name Cecil Scott "C. S." Forester, was an English novelist known for writing tales of naval warfare, such as the 12-book Horatio Hornblower series depicting a Roya ...
, Marcel Pagnol, Grace Metalious, John Irving, and George R. R. Martin.


Notables

Some pre-20th-century individuals whose unconventional "illegitimate" origins did not prevent them from making (and in some cases helped inspire them to make) notable contributions to humanity's art or learning have included Leone Battista Alberti (1404–1472), Leonardo da Vinci (1452–1519), Erasmus of Rotterdam (1466–1536), Jean le Rond d'Alembert (1717–1783),
James Smithson James Smithson (c. 1765 – 27 June 1829) was an English chemist and mineralogist. He published numerous scientific papers for the Royal Society during the late 1700s as well as assisting in the development of calamine, which would eventually ...
(1764–1829),
John James Audubon John James Audubon (born Jean-Jacques Rabin; April 26, 1785 – January 27, 1851) was an American self-trained artist, naturalist, and ornithologist. His combined interests in art and ornithology turned into a plan to make a complete pictoria ...
(1785–1851), Alexander Herzen (1812—1870),
Jenny Lind Johanna Maria "Jenny" Lind (6 October 18202 November 1887) was a Swedish opera singer, often called the "Swedish Nightingale". One of the most highly regarded singers of the 19th century, she performed in soprano roles in opera in Sweden and a ...
(1820–1887), and Alexandre Dumas, ''fils''"Dumas, Alexandre", '' The Encyclopedia Americana'', vol. 9, Danbury, CT, Grolier Incorporated, 1986, , pp. 466-467. (1824–1895).


See also

* Affiliation (family law) *
Anne Orthwood's bastard trial Anne Orthwood's bastard trial took place in 1663 in the then relatively new royal Colony of Virginia. Anne Orthwood was a 24-year-old maidservant when she became pregnant with her illegitimate twins. The father was the nephew of a powerful Virg ...
*
Bastard (Jewish law) In the Hebrew Bible and Jewish religious law, a ''mamzer'' ( he, ממזר, , "estranged person"; plural ''mamzerim'') is a person who is born as the result of certain forbidden relationships or incest (as it is defined by the Bible), or the de ...
* Bastard (law of England and Wales) * Childwite * Colonial American bastardy laws *
Defect of birth Defect of birth was, under former Roman Catholic canon law, a canonical impediment to ordination as a result of illegitimacy. Defect of birth inhibited the exercise of the functions of orders already received. The prohibition did not touch the vali ...
*
Filiation Filiation is the legal term for the recognized legal status of the relationship between family members, or more specifically the legal relationship between parent and child. As described by the Government of Quebec: Filiation is the relationship ...
* Hague Adoption Convention * Illegitimacy in fiction * Legitimacy law in England and Wales * Legitime * Marks of distinction * Nonmarital birth rates by country * Non-paternity event * Orphan * Unintended pregnancy


References


Bibliography

*Flora Armitage, ''The Desert and the Stars: a Biography of Lawrence of Arabia'', illustrated with photographs, New York,
Henry Holt and Company Henry Holt and Company is an American book-publishing company based in New York City. One of the oldest publishers in the United States, it was founded in 1866 by Henry Holt and Frederick Leypoldt. Currently, the company publishes in the fields ...
, 1955. *
Andrzej Garlicki Andrzej is the Polish form of the given name Andrew. Notable individuals with the given name Andrzej * Andrzej Bartkowiak (born 1950), Polish film director and cinematographer * Andrzej Bobola, S.J. (1591–1657), Polish saint, missionary and ma ...
, "Piłsudski, Józef Klemens," '' Polski słownik biograficzny'', vol. XXVI, Wrocław, Polska Akademia Nauk, 1981, pp. 311–24. *Shirley Foster Hartley, ''Illegitimacy'', University of California Press, 1975. *Alysa Levene, Thomas Nutt & Samantha Williams, eds.
Illegitimacy in Britain, 1700–1920
'. Palgrave Macmillan; 2005 ited 24 September 2011 . *
John E. Mack John Edward Mack (October 4, 1929 – September 27, 2004) was an American psychiatrist, writer, and professor and the head of the department of psychiatry at Harvard Medical School. In 1977, Mack won the Pulitzer Prize for his book ''A Pri ...
.
A Prince of Our Disorder: The Life of T. E. Lawrence
">T. E. Lawrence">A Prince of Our Disorder: The Life of T. E. Lawrence
'. Harvard University Press; 1998 ited September 24, 2011 . *Charles Simic, "You Laugh Uncontrollably" (review of Bohumil Hrabal, ''Mr. Kafka and Other Tales from the Time of the Cult'', translated from the Czech by Paul Wilson, New Directions, 142 pp., $14.95 aper, '' The New York Review of Books'', vol. LXIII, no. 8 (May 12, 2016), pp. 58–60. * Jenny Teichman.
Illegitimacy: an examination of bastardy
'. Cornell University Press; 1982 ited September 24, 2011 . *Nora Titone,
My Thoughts Be Bloody: The Bitter Rivalry between Edwin and John Wilkes Booth that Led to an American Tragedy
', New York, Simon and Schuster, 2010 ited September 24, 2011 .


External links


Percentage of Births to Unmarried Mothers by State: 2014
(distribution of births outside marriage across the United States)

* Ari Shapiro, "Christopher Columbus' Son Had an Enormous Library. Its Catalog Was Just Found", All Things Considered, NPR newscast, 24 April 201

{{Authority control Legitimacy law, Civil law (common law) Family law Extramarital relationships de:Unehelichkeit