HOME

TheInfoList



OR:

Legitimacy, in traditional Western
common law In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omniprese ...
, 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 young ...
born to parents who are legally
married Marriage, also called matrimony or wedlock, is a culturally and often legally recognized union between people called spouses. It establishes rights and obligations between them, as well as between them and their children, and between t ...
to each other, and of a child conceived before the parents obtain a legal
divorce Divorce (also known as dissolution of marriage) is the process of terminating a marriage or marital union. Divorce usually entails the canceling or reorganizing of the legal duties and responsibilities of marriage, thus dissolving th ...
. 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 ...
, 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 England is a country that is part of the United Kingdom. It shares land borders with Wales to its west and Scotland to its north. The Irish Sea lies northwest and the Celtic Sea to the southwest. It is separated from continental Europe ...
's
Statute of Merton The Statute of Merton or Provisions of Merton (Latin: ''Provisiones de Merton'', or ''Stat. Merton''), sometimes also known as the Ancient Statute of Merton, was a statute passed by the Parliament of England in 1235 during the reign of Henry II ...
(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, b ...
, 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 aff ...
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 Scotland (, ) is a country that is part of the United Kingdom. Covering the northern third of the island of Great Britain, mainland Scotland has a border with England to the southeast and is otherwise surrounded by the Atlantic Ocean to ...
's monarchy granted positions which founded prominent families. In the 14th century,
Robert II of Scotland Robert II (2 March 1316 – 19 April 1390) was King of Scots from 1371 to his death in 1390. The son of Walter Stewart, 6th High Steward of Scotland, and Marjorie, daughter of King Robert the Bruce, he was the first monarch of the House of S ...
gifted one of his illegitimate sons estates in Bute, founding the Stewarts of Bute, and similarly a natural son of
Robert III of Scotland Robert III (c. 13374 April 1406), born John Stewart, was King of Scots from 1390 to his death in 1406. He was also High Steward of Scotland from 1371 to 1390 and held the titles of Earl of Atholl (1367–1390) and Earl of Carrick (1368&ndas ...
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 ...
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 The Legitimacy Act 1926 was an Act of the Parliament of the United Kingdom The Parliament of the United Kingdom is the supreme legislative body of the United Kingdom, the Crown Dependencies and the British Overseas Territories. It mee ...
'' 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 The Legitimacy Act 1959 was an Act of the Parliament of the United Kingdom. It was repealed by the Family Law Reform Act 1987. Act Prior to the passing of the Act, legitimacy was governed by the Legitimacy Act 1926. Under that act, the marriage ...
'' extended the legitimization even if the parents had married others in the meantime and applied it to
putative marriage A putative marriage is an apparently valid marriage, entered into in good faith on the part of at least one of the partners, but that is legally invalid due to a technical impediment, such as a preexistent marriage on the part of one of the par ...
s 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 a ...
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 * Be ...
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 Intestacy is the condition of the estate of a person who dies without having in force a valid will or other binding declaration. Alternatively this may also apply where a will or declaration has been made, but only applies to part of the esta ...
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 England and Wales () is one of the three legal jurisdictions of the United Kingdom. It covers the constituent countries England and Wales and was formed by the Laws in Wales Acts 1535 and 1542. The substantive law of the jurisdiction is En ...
, April 2002 in
Northern Ireland Northern Ireland ( ga, Tuaisceart Éireann ; sco, label=Ulster Scots dialect, Ulster-Scots, Norlin Airlann) is a part of the United Kingdom, situated in the north-east of the island of Ireland, that is #Descriptions, variously described as ...
and May 2006 in
Scotland Scotland (, ) is a country that is part of the United Kingdom. Covering the northern third of the island of Great Britain, mainland Scotland has a border with England to the southeast and is otherwise surrounded by the Atlantic Ocean to ...
, an unmarried father has parental responsibility if he is listed on the
birth certificate A birth certificate is a vital record that documents the birth of a person. The term "birth certificate" can refer to either the original document certifying the circumstances of the birth or to a certified copy of or representation of the ensui ...
. In the United States, 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 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 France (), officially the French Republic ( ), is a country primarily located in Western Europe. It also comprises of Overseas France, overseas regions and territories in the Americas and the Atlantic Ocean, Atlantic, Pacific Ocean, Pac ...
, 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 The European Court of Human Rights (ECHR or ECtHR), also known as the Strasbourg Court, is an international court of the Council of Europe which interprets the European Convention on Human Rights. The court hears applications alleging that ...
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
entail In English common law, fee tail or entail is a form of trust established by deed or settlement which restricts the sale or inheritance of an estate in real property and prevents the property from being sold, devised by will, or otherwise alien ...
ed 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 f ...
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 th ...
'' (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 Elizabeth I (7 September 153324 March 1603) was Queen of England and Ireland from 17 November 1558 until her death in 1603. Elizabeth was the last of the five House of Tudor monarchs and is sometimes referred to as the "Virgin Queen". Eli ...
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 Mary I (18 February 1516 – 17 November 1558), also known as Mary Tudor, and as "Bloody Mary" by her Protestant opponents, was Queen of England and Ireland from July 1553 and Queen of Spain from January 1556 until her death in 1558. She ...
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 Annulment is a legal procedure within secular and religious legal systems for declaring a marriage null and void. Unlike divorce, it is usually retroactive, meaning that an annulled marriage is considered to be invalid from the beginning al ...
of marriage does not currently change the status of legitimacy of children born to the couple during their
putative marriage A putative marriage is an apparently valid marriage, entered into in good faith on the part of at least one of the partners, but that is legally invalid due to a technical impediment, such as a preexistent marriage on the part of one of the par ...
, ''i.e.'', between their marriage ceremony and the legal annulment of their marriage. For example, canon 1137 of the
Roman Catholic Church The Catholic Church, also known as the Roman Catholic Church, is the largest Christian church, with 1.3 billion baptized Catholics worldwide . It is among the world's oldest and largest international institutions, and has played a ...
'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. 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 Pope Francis ( la, Franciscus; it, Francesco; es, link=, Francisco; born Jorge Mario Bergoglio, 17 December 1936) is the head of the Catholic Church. He has been the bishop of Rome and sovereign of the Vatican City State since 13 March 2013 ...
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 The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country Continental United States, primarily located in North America. It consists of 50 U.S. state, states, a Washington, D.C., ...
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 A single parent is a person who has a child or children but does not have a spouse or live-in partner to assist in the upbringing or support of the child. Reasons for becoming a single parent include divorce, break-up, abandonment, becoming wid ...
; 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 Religion is usually defined as a social- cultural system of designated behaviors and practices, morals, beliefs, worldviews, texts, sanctified places, prophecies, ethics, or organizations, that generally relates humanity to supernatur ...
(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 The Czech Republic, or simply Czechia, is a landlocked country in Central Europe. Historically known as Bohemia, it is bordered by Austria to the south, Germany to the west, Poland to the northeast, and Slovakia to the southeast. The ...
(48.5%. in 2021), the
United Kingdom The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the continental mainland. It comprises England, Scotland, Wales and ...
(48.2% as of 2017) and
Hungary Hungary ( hu, Magyarország ) is a landlocked country in Central Europe. Spanning of the Carpathian Basin, it is bordered by Slovakia to the north, Ukraine to the northeast, Romania to the east and southeast, Serbia to the south, Cr ...
(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 West Germany is the colloquial term used to indicate the Federal Republic of Germany (FRG; german: Bundesrepublik Deutschland , BRD) between its formation on 23 May 1949 and the German reunification through the accession of East Germany on 3 ...
and
East Germany East Germany, officially the German Democratic Republic (GDR; german: Deutsche Demokratische Republik, , DDR, ), was a country that existed from its creation on 7 October 1949 until German reunification, its dissolution on 3 October 1990. In t ...
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 Wales ( cy, Cymru ) is a country that is part of the United Kingdom. It is bordered by England to the east, the Irish Sea to the north and west, the Celtic Sea to the south west and the Bristol Channel to the south. It had a population in ...
, 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 Yorkshire and the Humber is one of nine official regions of England at the first level of ITL for statistical purposes. The population in 2011 was 5,284,000 with its largest settlements being Leeds, Sheffield, Bradford, Hull, and York. It is ...
, 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, L ...
, 50.8% in
Scotland Scotland (, ) is a country that is part of the United Kingdom. Covering the northern third of the island of Great Britain, mainland Scotland has a border with England to the southeast and is otherwise surrounded by the Atlantic Ocean to ...
, 50.4% in West Midlands, 48.5% in
South West England South West England, or the South West of England, is one of nine official regions of England. It consists of the counties of Bristol, Cornwall (including the Isles of Scilly), Dorset, Devon, Gloucestershire, Somerset and Wiltshire. Cities ...
, 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 Northern Ireland ( ga, Tuaisceart Éireann ; sco, label=Ulster Scots dialect, Ulster-Scots, Norlin Airlann) is a part of the United Kingdom, situated in the north-east of the island of Ireland, that is #Descriptions, variously described as ...
, 42.9% in
South East England South East England is one of the nine official regions of England at the first level of ITL for statistical purposes. It consists of the counties of Buckinghamshire, East Sussex, Hampshire, the Isle of Wight, Kent, Oxfordshire, Berkshi ...
, and 35.7% in
London London is the capital and List of urban areas in the United Kingdom, largest city of England and the United Kingdom, with a population of just under 9 million. It stands on the River Thames in south-east England at the head of a estuary dow ...
. In France, in 2012, 66.9% of births were nonmarital in
Poitou-Charentes Poitou-Charentes (; oc, Peitau-Charantas; Poitevin-Saintongese: ) is a former administrative region on the southwest coast of France. It is part of the new region Nouvelle-Aquitaine. It comprises four departments: Charente, Charente-Maritime, D ...
, while only 46.6% were in Ile-de-France (which contains
Paris Paris () is the capital and most populous city of France, with an estimated population of 2,165,423 residents in 2019 in an area of more than 105 km² (41 sq mi), making it the 30th most densely populated city in the world in 2020. Si ...
). 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 Quebec ( ; )According to the Canadian government, ''Québec'' (with the acute accent) is the official name in Canadian French and ''Quebec'' (without the accent) is the province's official name in Canadian English is one of the thirte ...
, 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 Portugal, officially the Portuguese Republic ( pt, República Portuguesa, links=yes ), is a country whose mainland is located on the Iberian Peninsula of Southwestern Europe, and whose territory also includes the Atlantic archipelagos of th ...
(52.8% ),
Spain , image_flag = Bandera de España.svg , image_coat = Escudo de España (mazonado).svg , national_motto = '' Plus ultra'' (Latin)(English: "Further Beyond") , national_anthem = (English: "Royal March") , ...
(45.9%),
Austria Austria, , bar, Östareich officially the Republic of Austria, is a country in the southern part of Central Europe, lying in the Eastern Alps. It is a federation of nine states, one of which is the capital, Vienna, the most populous ...
(41.7%),
Luxembourg Luxembourg ( ; lb, Lëtzebuerg ; french: link=no, Luxembourg; german: link=no, Luxemburg), officially the Grand Duchy of Luxembourg, ; french: link=no, Grand-Duché de Luxembourg ; german: link=no, Großherzogtum Luxemburg is a small lan ...
(40.7%)
Slovakia Slovakia (; sk, Slovensko ), officially the Slovak Republic ( sk, Slovenská republika, links=no ), is a landlocked country in Central Europe. It is bordered by Poland to the north, Ukraine to the east, Hungary to the south, Austria to the ...
(40.2%),
Ireland Ireland ( ; ga, Éire ; Ulster-Scots: ) is an island in the North Atlantic Ocean, in north-western Europe. It is separated from Great Britain to its east by the North Channel, the Irish Sea, and St George's Channel. Ireland is the s ...
(36.5%),
Malta Malta ( , , ), officially the Republic of Malta ( mt, Repubblika ta' Malta ), is an island country in the Mediterranean Sea. It consists of an archipelago, between Italy and Libya, and is often considered a part of Southern Europe. It lies ...
(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 country comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands. With an area of , Australia is the largest country by ...
, 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 The Northern Territory (commonly abbreviated as NT; formally the Northern Territory of Australia) is an Australian territory in the central and central northern regions of Australia. The Northern Territory shares its borders with Western Aust ...
(59%) and the lowest in the ACT (28%).
Latin America Latin America or * french: Amérique Latine, link=no * ht, Amerik Latin, link=no * pt, América Latina, link=no, name=a, sometimes referred to as LatAm is a large cultural region in the Americas where Romance languages — languages derived ...
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 ...
, 70% in
Paraguay Paraguay (; ), officially the Republic of Paraguay ( es, República del Paraguay, links=no; gn, Tavakuairetã Paraguái, links=si), is a landlocked country in South America. It is bordered by Argentina to the south and southwest, Brazil to t ...
, 69% in
Peru , image_flag = Flag of Peru.svg , image_coat = Escudo nacional del Perú.svg , other_symbol = Great Seal of the State , other_symbol_type = National seal , national_motto = "Firm and Happy f ...
, 63% in the
Dominican Republic The Dominican Republic ( ; es, República Dominicana, ) is a country located on the island of Hispaniola in the Greater Antilles archipelago of the Caribbean region. It occupies the eastern five-eighths of the island, which it shares with ...
, 58% in
Argentina Argentina (), officially the Argentine Republic ( es, link=no, República Argentina), is a country in the southern half of South America. Argentina covers an area of , making it the List of South American countries by area, second-largest ...
, 55% in
Mexico Mexico (Spanish language, Spanish: México), officially the United Mexican States, is a List of sovereign states, country in the southern portion of North America. It is borders of Mexico, bordered to the north by the United States; to the so ...
. In
Brazil Brazil ( pt, Brasil; ), officially the Federative Republic of Brazil (Portuguese: ), is the largest country in both South America and Latin America. At and with over 217 million people, Brazil is the world's fifth-largest country by area ...
, non-marital births increased to 65.8% in 2009, up from 56.2% in 2000. In
Chile Chile, officially the Republic of Chile, is a country in the western part of South America. It is the southernmost country in the world, and the closest to Antarctica, occupying a long and narrow strip of land between the Andes to the eas ...
, 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 Mexico (Spanish language, Spanish: México), officially the United Mexican States, is a List of sovereign states, country in the southern portion of North America. It is borders of Mexico, bordered to the north by the United States; to the so ...
were 41.5%, in
Chile Chile, officially the Republic of Chile, is a country in the western part of South America. It is the southernmost country in the world, and the closest to Antarctica, occupying a long and narrow strip of land between the Andes to the eas ...
43.6%, in
Puerto Rico Puerto Rico (; abbreviated PR; tnq, Boriken, ''Borinquen''), officially the Commonwealth of Puerto Rico ( es, link=yes, Estado Libre Asociado de Puerto Rico, lit=Free Associated State of Puerto Rico), is a Caribbean island and unincorporated ...
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 Argentina (), officially the Argentine Republic ( es, link=no, República Argentina), is a country in the southern half of South America. Argentina covers an area of , making it the List of South American countries by area, second-largest ...
52.7%, in
Belize Belize (; bzj, Bileez) is a Caribbean and Central American country on the northeastern coast of Central America. It is bordered by Mexico to the north, the Caribbean Sea to the east, and Guatemala to the west and south. It also shares a wa ...
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 ...
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 nor ...
66% and in
Panama Panama ( , ; es, link=no, Panamá ), officially the Republic of Panama ( es, República de Panamá), is a transcontinental country spanning the southern part of North America and the northern part of South America. It is bordered by Co ...
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 n ...
was 1.4%; in
Israel Israel (; he, יִשְׂרָאֵל, ; ar, إِسْرَائِيل, ), officially the State of Israel ( he, מְדִינַת יִשְׂרָאֵל, label=none, translit=Medīnat Yīsrāʾēl; ), is a country in Western Asia. It is situated ...
, 3.1%; in
China China, officially the People's Republic of China (PRC), is a country in East Asia. It is the world's List of countries and dependencies by population, most populous country, with a Population of China, population exceeding 1.4 billion, slig ...
, 5.6%; in
Uzbekistan Uzbekistan (, ; uz, Ozbekiston, italic=yes / , ; russian: Узбекистан), officially the Republic of Uzbekistan ( uz, Ozbekiston Respublikasi, italic=yes / ; russian: Республика Узбекистан), is a doubly landlocked co ...
, 6.4%; in
Kazakhstan Kazakhstan, officially the Republic of Kazakhstan, is a transcontinental country located mainly in Central Asia and partly in Eastern Europe. It borders Russia to the north and west, China to the east, Kyrgyzstan to the southeast, Uzbeki ...
, 21%; in
Kyrgyzstan Kyrgyzstan,, pronounced or the Kyrgyz Republic, is a landlocked country in Central Asia. Kyrgyzstan is bordered by Kazakhstan to the north, Uzbekistan to the west, Tajikistan to the south, and the People's Republic of China to the ea ...
, 24%. However, in the
Philippines The Philippines (; fil, Pilipinas, links=no), officially the Republic of the Philippines ( fil, Republika ng Pilipinas, links=no), * bik, Republika kan Filipinas * ceb, Republika sa Pilipinas * cbk, República de Filipinas * hil, Republ ...
, 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 The Clandestine Marriages Act 1753, also called the Marriage Act 1753, long title "An Act for the Better Preventing of Clandestine Marriage", popularly known as Lord Hardwicke's Marriage Act (citation 26 Geo. II. c. 33), was the first statutory ...
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 In the history of the United Kingdom and the British Empire, the Victorian era was the period of Queen Victoria's reign, from 20 June 1837 until her death on 22 January 1901. The era followed the Georgian period and preceded the Edwa ...
. 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 Francoist Spain ( es, España franquista), or the Francoist dictatorship (), was the period of Spanish history between 1939 and 1975, when Francisco Franco ruled Spain after the Spanish Civil War with the title . After his death in 1975, Spani ...
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 Divorce (also known as dissolution of marriage) is the process of terminating a marriage or marital union. Divorce usually entails the canceling or reorganizing of the legal duties and responsibilities of marriage, thus dissolving th ...
, decriminalization of
adultery Adultery (from Latin ''adulterium'') is extramarital sex that is considered objectionable on social, religious, moral, or legal grounds. Although the sexual activities that constitute adultery vary, as well as the social, religious, and legal ...
, introduction of
gender equality Gender equality, also known as sexual equality or equality of the sexes, is the state of equal ease of access to resources and opportunities regardless of gender, including economic participation and decision-making; and the state of valuing d ...
in
family law Family law (also called matrimonial law or the law of domestic relations) is an area of the law that deals with family matters and domestic relations. Overview Subjects that commonly fall under a nation's body of family law include: * Marriage ...
, and removal of the ban on
contraception Birth control, also known as contraception, anticonception, and fertility control, is the use of methods or devices to prevent unwanted pregnancy. Birth control has been used since ancient times, but effective and safe methods of birth contr ...
. 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 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 Human female sexuality encompasses a broad range of behaviors and processes, including female sexual identity and Human sexual activity, sexual behavior, the physiological, psychological, social, cultural, political, and spiritual or religious ...
, and availability of
contraception Birth control, also known as contraception, anticonception, and fertility control, is the use of methods or devices to prevent unwanted pregnancy. Birth control has been used since ancient times, but effective and safe methods of birth contr ...
. New concepts have emerged, such as that of
reproductive rights Reproductive rights are legal rights and freedoms relating to reproduction and reproductive health that vary amongst countries around the world. The World Health Organization defines reproductive rights as follows: Reproductive rights rest o ...
, 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 The Catholic Church, also known as the Roman Catholic Church, is the largest Christian church, with 1.3 billion baptized Catholics worldwide . It is among the world's oldest and largest international institutions, and has played a ...
) 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 Quebec ( ; )According to the Canadian government, ''Québec'' (with the acute accent) is the official name in Canadian French and ''Quebec'' (without the accent) is the province's official name in Canadian English is one of the thirte ...
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 The Organisation for Economic Co-operation and Development (OECD; french: Organisation de coopération et de développement économiques, ''OCDE'') is an intergovernmental organisation with 38 member countries, founded in 1961 to stimulate ...
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 Latin (, or , ) is a classical language belonging to the Italic languages, Italic branch of the Indo-European languages. Latin was originally a dialect spoken in the lower Tiber area (then known as Latium) around present-day Rome, but through ...
dictum, "'' Mater semper certa est''" ("The dentity of themother is always certain", while the father is not), emphasized the dilemma. In English
common law In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omniprese ...
, 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-Sax ...
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 The Clandestine Marriages Act 1753, also called the Marriage Act 1753, long title "An Act for the Better Preventing of Clandestine Marriage", popularly known as Lord Hardwicke's Marriage Act (citation 26 Geo. II. c. 33), was the first statutory ...
that a formal and public marriage ceremony at civil law was required, whereas previously marriage had a
safe haven Safe haven may refer to: * Sanctuary Arts and entertainment * ''Safe Haven'' (novel), a 2010 American novel by Nicholas Sparks ** ''Safe Haven'' (film), a 2013 American film adapted from the novel * ''Safe Haven'' (short film), a 2009 American ...
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 t ...
church. Still, many "clandestine" marriages occurred. In many societies, people born out of wedlock did not have the same rights of
inheritance Inheritance is the practice of receiving private property, titles, debts, entitlements, privileges, rights, and obligations upon the death of an individual. The rules of inheritance differ among societies and have changed over time. Of ...
as those within it, and in some societies, even the same
civil right Civil and political rights are a class of rights that protect individuals' freedom from infringement by governments, social organizations, and private individuals. They ensure one's entitlement to participate in the civil and political life ...
s. 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 Social stigma is the disapproval of, or discrimination against, an individual or group based on perceived characteristics that serve to distinguish them from other members of a society. Social stigmas are commonly related to culture, gender, ra ...
.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, fro ...
. 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 geneti ...
s or married relatives as the "sisters", "brothers" or "cousins" of the unwed mothers. In most national
jurisdiction Jurisdiction (from Latin 'law' + 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, areas of jurisdiction apply to local, state, and federal levels. J ...
s, 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 A censure is an expression of strong disapproval or harsh criticism. In parliamentary procedure, it is a debatable main motion that could be adopted by a majority vote. Among the forms that it can take are a stern rebuke by a legislature, a spi ...
or legal responsibility, due to social attitudes about sex, the nature of sexual reproduction, and the difficulty of determining paternity with
certainty Certainty (also known as epistemic certainty or objective certainty) is the epistemic property of beliefs which a person has no rational grounds for doubting. One standard way of defining epistemic certainty is that a belief is certain if and o ...
. By the final third of the 20th century, in the
United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country Continental United States, primarily located in North America. It consists of 50 U.S. state, states, a Washington, D.C., ...
, 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 France (), officially the French Republic ( ), is a country primarily located in Western Europe. It also comprises of Overseas France, overseas regions and territories in the Americas and the Atlantic Ocean, Atlantic, Pacific Ocean, Pac ...
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 Divorce (also known as dissolution of marriage) is the process of terminating a marriage or marital union. Divorce usually entails the canceling or reorganizing of the legal duties and responsibilities of marriage, thus dissolving th ...
. 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 Canon law (from grc, κανών, , a 'straight measuring rod, ruler') is a set of ordinances and regulations made by ecclesiastical authority (church leadership) for the government of a Christian organization or church and its members. It is t ...
, in a non-viable earlier
marriage Marriage, also called matrimony or wedlock, is a culturally and often legally recognized union between people called spouses. It establishes rights and obligations between them, as well as between them and their children, and between ...
that did not permit
divorce Divorce (also known as dissolution of marriage) is the process of terminating a marriage or marital union. Divorce usually entails the canceling or reorganizing of the legal duties and responsibilities of marriage, thus dissolving th ...
. Their only recourse, often, had been to wait for the death of the earlier spouse(s). Thus Polish political and military leader
Józef Piłsudski Józef Klemens Piłsudski (; 5 December 1867 – 12 May 1935) was a Polish statesman who served as the Naczelnik państwa, Chief of State (1918–1922) and Marshal of Poland, First Marshal of Second Polish Republic, Poland (from 1920). He was ...
(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 "pro ...
, 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 Albert Einstein ( ; ; 14 March 1879 – 18 April 1955) was a German-born theoretical physicist, widely acknowledged to be one of the greatest and most influential physicists of all time. Einstein is best known for developing the theor ...
and his wife-to-be,
Mileva Marić Mileva Marić ( sr-cyr, Милева Марић; 19 December 1875 – 4 August 1948), sometimes called Mileva Marić-Einstein ( sr-cyr, Милева Марић-Ајнштајн, Mileva Marić-Ajnštajn), was a Serbian physicist and mathematician ...
, 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 theatric ...
and
John Wilkes Booth John Wilkes Booth (May 10, 1838 – April 26, 1865) was an American stage actor who assassinated United States President Abraham Lincoln at Ford's Theatre in Washington, D.C., on April 14, 1865. A member of the prominent 19th-century Booth ...
, spurred them to strive, as rivals, for achievement and acclaim—John Wilkes, the assassin of
Abraham Lincoln Abraham Lincoln ( ; February 12, 1809 – April 15, 1865) was an American lawyer, politician, and statesman who served as the 16th president of the United States from 1861 until his assassination in 1865. Lincoln led the nation throu ...
, 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 Charle ...
's nonmarital birth spurred him to seek accomplishment and distinction. The Swedish artist
Anders Zorn Anders Leonard Zorn (18 February 1860 – 22 August 1920) was a Swedish painter. He attained international success as a painter, sculptor, and etching artist. Among Zorn's portrait subjects include King Oscar II of Sweden and three American ...
(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 Holy Grail (french: Saint Graal, br, Graal Santel, cy, Greal Sanctaidd, kw, Gral) is a treasure that serves as an important motif in Arthurian literature. Various traditions describe the Holy Grail as a cup, dish, or stone with miracul ...
—the seed of ambition, the desire for honor and distinction: the redemption of the blood from its taint." Another biographer, John E. Mack, 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 timeLawrence'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 Christopher Columbus * lij, Cristoffa C(or)ombo * es, link=no, Cristóbal Colón * pt, Cristóvão Colombo * ca, Cristòfor (or ) * la, Christophorus Columbus. (; born between 25 August and 31 October 1451, died 20 May 1506) was a ...
' 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 ...
(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 Edward Wilson-Lee is an English literature academic at Sidney Sussex College, University of Cambridge, and a specialist in the literature and the history of the book in the early modern period. Early life Wilson-Lee is the son of wildlife conse ...
says Hernando "always wanted to prove himself his father's son in spirit. he undertook th extraordinary project fbuilding a universal
library A library is a collection of materials, books or media that are accessible for use and not just for display purposes. A library provides physical (hard copies) or digital access (soft copies) materials, and may be a physical location or a vi ...
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, M ...
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 " ...
". 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 The University of Copenhagen ( da, Københavns Universitet, KU) is a prestigious public university, public research university in Copenhagen, Copenhagen, Denmark. Founded in 1479, the University of Copenhagen is the second-oldest university in ...
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 Bibliophilia or bibliophilism is the love of books. A bibliophile or bookworm is an individual who loves and frequently reads and/or collects books. Profile The classic bibliophile is one who loves to read, admire and collect books, often ama ...
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 Stoning, or lapidation, is a method of capital punishment where a group throws stones at a person until the subject dies from blunt trauma. It has been attested as a form of punishment for grave misdeeds since ancient times. The Torah and Ta ...
.


In fiction

Illegitimacy has for centuries provided a motif and plot element to works of fiction by prominent authors, including
William Shakespeare William Shakespeare ( 26 April 1564 – 23 April 1616) was an English playwright, poet and actor. He is widely regarded as the greatest writer in the English language and the world's pre-eminent dramatist. He is often called England's nation ...
,
Benjamin Franklin Benjamin Franklin ( April 17, 1790) was an American polymath who was active as a writer, scientist, inventor, statesman, diplomat, printer, publisher, and political philosopher. Encyclopædia Britannica, Wood, 2021 Among the leading int ...
,
Henry Fielding Henry Fielding (22 April 1707 – 8 October 1754) was an English novelist, irony writer, and dramatist known for earthy humour and satire. His comic novel ''Tom Jones'' is still widely appreciated. He and Samuel Richardson are seen as founders ...
,
Voltaire François-Marie Arouet (; 21 November 169430 May 1778) was a French Enlightenment writer, historian, and philosopher. Known by his '' nom de plume'' M. de Voltaire (; also ; ), he was famous for his wit, and his criticism of Christianity—e ...
,
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 Charles John Huffam Dickens (; 7 February 1812 – 9 June 1870) was an English writer and social critic. He created some of the world's best-known fictional characters and is regarded by many as the greatest novelist of the Victorian er ...
,
Nathaniel Hawthorne Nathaniel Hawthorne (July 4, 1804 – May 19, 1864) was an American novelist and short story writer. His works often focus on history, morality, and religion. He was born in 1804 in Salem, Massachusetts, from a family long associated with that t ...
,
Wilkie Collins William Wilkie Collins (8 January 1824 – 23 September 1889) was an English novelist and playwright known especially for '' The Woman in White'' (1859), a mystery novel and early "sensation novel", and for '' The Moonstone'' (1868), which has b ...
,
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 Mary Ann Evans (22 November 1819 – 22 December 1880; alternatively Mary Anne or Marian), known by her pen name George Eliot, was an English novelist, poet, journalist, translator, and one of the leading writers of the Victorian era. She wrot ...
,
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 Count Lev Nikolayevich TolstoyTolstoy pronounced his first name as , which corresponds to the romanization ''Lyov''. () (; russian: link=no, Лев Николаевич Толстой,In Tolstoy's day, his name was written as in pre-refor ...
,
Ivan Turgenev Ivan Sergeyevich Turgenev (; rus, links=no, Ива́н Серге́евич Турге́невIn Turgenev's day, his name was written ., p=ɪˈvan sʲɪrˈɡʲe(j)ɪvʲɪtɕ tʊrˈɡʲenʲɪf; 9 November 1818 – 3 September 1883 (Old Style dat ...
, 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 Wor ...
,
Alphonse Daudet Alphonse Daudet (; 13 May 184016 December 1897) was a French novelist. He was the husband of Julia Daudet and father of Edmée, Léon and Lucien Daudet. Early life Daudet was born in Nîmes, France. His family, on both sides, belonged to the ...
, Bolesław Prus,
Henry James Henry James ( – ) was an American-British author. He is regarded as a key transitional figure between literary realism and literary modernism, and is considered by many to be among the greatest novelists in the English language. He was the ...
,
Joseph Conrad Joseph Conrad (born Józef Teodor Konrad Korzeniowski, ; 3 December 1857 – 3 August 1924) was a Polish-British novelist and short story writer. He is regarded as one of the greatest writers in the English language; though he did not spe ...
, E. M. Forster, C. S. Forester,
Marcel Pagnol Marcel Paul Pagnol (; 28 February 1895 – 18 April 1974) was a French novelist, playwright, and filmmaker. Regarded as an auteur, in 1946, he became the first filmmaker elected to the Académie française. Although his work is less fashionabl ...
, Grace Metalious,
John Irving John Winslow Irving (born John Wallace Blunt Jr.; March 2, 1942) is an American-Canadian novelist, short story writer, and screenwriter. Irving achieved critical and popular acclaim after the international success of ''The World According to ...
, 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 Leon Battista Alberti (; 14 February 1404 – 25 April 1472) was an Italian Renaissance humanist author, artist, architect, poet, priest, linguist, philosopher, and cryptographer; he epitomised the nature of those identified now as polymaths. H ...
(1404–1472),
Leonardo da Vinci Leonardo di ser Piero da Vinci (15 April 14522 May 1519) was an Italian polymath of the High Renaissance who was active as a painter, draughtsman, engineer, scientist, theorist, sculptor, and architect. While his fame initially rested on ...
(1452–1519),
Erasmus of Rotterdam Desiderius Erasmus Roterodamus (; ; English: Erasmus of Rotterdam or Erasmus;''Erasmus'' was his baptismal name, given after St. Erasmus of Formiae. ''Desiderius'' was an adopted additional name, which he used from 1496. The ''Roterodamus'' w ...
(1466–1536),
Jean le Rond d'Alembert Jean-Baptiste le Rond d'Alembert (; ; 16 November 1717 – 29 October 1783) was a French mathematician, mechanician, physicist, philosopher, and music theorist. Until 1759 he was, together with Denis Diderot, a co-editor of the '' Encyclopéd ...
(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 pictori ...
(1785–1851),
Alexander Herzen Alexander Ivanovich Herzen (russian: Алекса́ндр Ива́нович Ге́рцен, translit=Alexándr Ivánovich Gértsen; ) was a Russian writer and thinker known as the "father of Russian socialism" and one of the main fathers of agra ...
(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 ...
(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) In law, affiliation (from Latin ', "to adopt as a son") was previously the term to describe legal establishment of paternity. The following description, for the most part, was written in the early 20th century, and it should be understood as a his ...
* Anne Orthwood's bastard trial * Bastard (Jewish law) * 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 val ...
*
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 The Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (or Hague Adoption Convention) is an international convention dealing with international adoption, child laundering, and child trafficking in ...
*
Illegitimacy in fiction This is a list of fictional stories in which illegitimacy features as an important plot element. Passing mentions are omitted from this article. Many of these stories explore the social pain and exclusion felt by illegitimate "natural children" ...
*
Legitimacy law in England and Wales 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 ''b ...
* Legitime * Marks of distinction * Nonmarital birth rates by country *
Non-paternity event In genetics, a non-paternity event (also known as misattributed paternity, not parent expected, or NPE) is the situation in which someone who is presumed to be an individual's father is not in fact the biological father. This presumption of NPE is ...
*
Orphan An orphan (from the el, ορφανός, orphanós) is a child whose parents have died. In common usage, only a child who has lost both parents due to death is called an orphan. When referring to animals, only the mother's condition is usuall ...
* 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, "Piłsudski, Józef Klemens," ''
Polski słownik biograficzny ''Polski Słownik Biograficzny'' (''PSB''; Polish Biographical Dictionary) is a Polish-language biographical dictionary, comprising an alphabetically arranged compilation of authoritative biographies of some 25,000 notable Poles and of foreigners ...
'', vol. XXVI,
Wrocław Wrocław (; german: Breslau, or . ; Silesian German: ''Brassel'') is a city in southwestern Poland and the largest city in the historical region of Silesia. It lies on the banks of the River Oder in the Silesian Lowlands of Central Europe, r ...
, 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 Palgrave Macmillan is a British academic and trade publishing company headquartered in the London Borough of Camden. Its programme includes textbooks, journals, monographs, professional and reference works in print and online. It maintains off ...
; 2005 ited 24 September 2011 . * John E. Mack.
A_Prince_of_Our_Disorder:__The_Life_of_T._E._Lawrence
.html" ;"title="T. E. Lawrence">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 ''The New York Review of Books'' (or ''NYREV'' or ''NYRB'') is a semi-monthly magazine with articles on literature, culture, economics, science and current affairs. Published in New York City, it is inspired by the idea that the discussion of i ...
'', vol. LXIII, no. 8 (May 12, 2016), pp. 58–60. * Jenny Teichman.
Illegitimacy: an examination of bastardy
'.
Cornell University Press The Cornell University Press is the university press of Cornell University; currently housed in Sage House, the former residence of Henry William Sage. It was first established in 1869, making it the first university publishing enterprise in ...
; 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 ''All Things Considered'' (''ATC'') is the flagship news program on the American network National Public Radio (NPR). It was the first news program on NPR, premiering on May 3, 1971. It is broadcast live on NPR affiliated stations in the United ...
,
NPR National Public Radio (NPR, stylized in all lowercase) is an American privately and state funded nonprofit media organization headquartered in Washington, D.C., with its NPR West headquarters in Culver City, California. It differs from other ...
newscast, 24 April 201

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