# Lame question about legitimacy.

**URL:** <https://boards.straightdope.com/t/lame-question-about-legitimacy/581131>\
**Category:** Factual Questions\
**Created:** [May 8, 2011, 4:33am UTC](https://boards.straightdope.com/t/lame-question-about-legitimacy/581131 "2011-05-08T04:33:10Z")\
**Posts on this page:** 9\
**Page:** 1

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**Author:** ![pkbites](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/pkbites/32/204_2.png) [@pkbites](https://boards.straightdope.com/u/pkbites)\
**Post date:** [May 8, 2011, 4:33am UTC](https://boards.straightdope.com/t/lame-question-about-legitimacy/581131/1 "2011-05-08T04:33:10Z")

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If a baby is born to a single woman who is not married to the babies father, but then later on marries the father, by definition is the child still considered a bastard?

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**Author:** ![chacoguy](https://avatars.discourse-cdn.com/v4/letter/c/50afbb/32.png) [@chacoguy](https://boards.straightdope.com/u/chacoguy)\
**Post date:** [May 8, 2011, 5:00am UTC](https://boards.straightdope.com/t/lame-question-about-legitimacy/581131/2 "2011-05-08T05:00:52Z")

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I can’t imagine that any one would care.

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**Author:** ![Simplicio](https://avatars.discourse-cdn.com/v4/letter/s/c37758/32.png) [@Simplicio](https://boards.straightdope.com/u/Simplicio)\
**Post date:** [May 8, 2011, 5:06am UTC](https://boards.straightdope.com/t/lame-question-about-legitimacy/581131/3 "2011-05-08T05:06:35Z")

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> [@chacoguy](#):
>
> I can’t imagine that any one would care.

Legitimacy used to have legal repercussions, and still does in a few relatively obscure situations.

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**Author:** ![Colibri](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/colibri/32/1841_2.png) [@Colibri](https://boards.straightdope.com/u/Colibri)\
**Post date:** [May 8, 2011, 5:25am UTC](https://boards.straightdope.com/t/lame-question-about-legitimacy/581131/4 "2011-05-08T05:25:30Z")

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> [@pkbites](#):
>
> If a baby is born to a single woman who is not married to the babies father, but then later on marries the father, by definition is the child still considered a bastard?

At least in England and Wales, if the parents of an illegitimate child marry, the child becomes [legitimate from the date of the marriage.](http://en.wikipedia.org/wiki/Legitimacy_law_in_England_and_Wales)

In other jurisdictions, there may be a time limit for the parents to marry, such as a year.

> [@chacoguy](#):
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> I can’t imagine that any one would care.

That’s not the question.

> [@Simplicio](#):
>
> Legitimacy used to have legal repercussions, and still does in a few relatively obscure situations.

It can have some quite important ones, such as [eligibility for US citizenship:](http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=8554a3ac86aa3210VgnVCM100000b92ca60aRCRD&vgnextchannel=8554a3ac86aa3210VgnVCM100000b92ca60aRCRD)

> [@](#):
>
> Also, a person who was born out of wedlock (meaning that the parents were not married at the time of the person’s birth), must be “legitimated” while under the age of 16 and while in the legal custody of the legitimating parent.

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**Author:** ![pkbites](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/pkbites/32/204_2.png) [@pkbites](https://boards.straightdope.com/u/pkbites)\
**Post date:** [May 8, 2011, 5:33am UTC](https://boards.straightdope.com/t/lame-question-about-legitimacy/581131/5 "2011-05-08T05:33:15Z")

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> [@chacoguy](#):
>
> I can’t imagine that any one would care.

Which is why [per the thread title] the question is, somewhat, lame.

But what **Colibri** said!

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**Author:** ![chacoguy](https://avatars.discourse-cdn.com/v4/letter/c/50afbb/32.png) [@chacoguy](https://boards.straightdope.com/u/chacoguy)\
**Post date:** [May 8, 2011, 5:50am UTC](https://boards.straightdope.com/t/lame-question-about-legitimacy/581131/6 "2011-05-08T05:50:07Z")

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Fair 'nuff.

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**Author:** ![Nava](https://avatars.discourse-cdn.com/v4/letter/n/da6949/32.png) [@Nava](https://boards.straightdope.com/u/Nava)\
**Post date:** [May 8, 2011, 5:52am UTC](https://boards.straightdope.com/t/lame-question-about-legitimacy/581131/7 "2011-05-08T05:52:13Z")

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In Spain the child is considered legitimate if the father recognizes paternity of his own volition, no need for the parents to be married. I’m not sure what’s the exact legal terminology when paternity has been assigned by a court (such as when the supposed biodad refuses to submit to a DNA test, which is considered as proof that he’s the father… if he was sure he’s not, he’d have been yelling for the test himself).

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**Author:** ![legalsnugs](https://avatars.discourse-cdn.com/v4/letter/l/45deac/32.png) [@legalsnugs](https://boards.straightdope.com/u/legalsnugs)\
**Post date:** [May 8, 2011, 7:44pm UTC](https://boards.straightdope.com/t/lame-question-about-legitimacy/581131/8 "2011-05-08T19:44:01Z")

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In the U.S., it depends on what the state law is. In the state in which I am licensed to practice, there is a specific statute that defines such a thing, and it says that when unmarried parents of a child marry each other, said child is no longer illegitimate.

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**Author:** ![alphaboi867](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/alphaboi867/32/3898_2.png) [@alphaboi867](https://boards.straightdope.com/u/alphaboi867)\
**Post date:** [May 8, 2011, 8:24pm UTC](https://boards.straightdope.com/t/lame-question-about-legitimacy/581131/9 "2011-05-08T20:24:42Z")

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> [@Colibri](#):
>
> At least in England and Wales, if the parents of an illegitimate child marry, the child becomes [legitimate from the date of the marriage.](http://en.wikipedia.org/wiki/Legitimacy_law_in_England_and_Wales)…

But they’d still be unable to succeed to any peerage (or the Crown itself), because the parents weren’t were not married at the time of birth (presumably it’s different if the mother is a widow or divorcee giving birth withing 9 months of her marriage ending). I’ll try to find a cite, but I think it’s possible for Scottish peerages to be inheirited by children born out of wedlock who’s parents later marry provide neither parent was married to somebody else at the time of birth.
