Legitimation

Question 1

What is legitimation?

Answer 1

Legitimation is a legal action brought by a biological father to establish his rights concerning his child born out of wedlock.

Question 2

What two things can a biological father, who had a baby born out of wedlock, do to establish his rights?

Answer 2

To establish his rights, the father may file a petition seeking to legitimate his child. Generally, the father must show that he has:

1. Assumed parental responsibilities; AND
2. Established a substantial parent-child relationship.

Question 3

What is legitimation by marriage?

Answer 3

The marriage of the mother and biological father renders the nonmarital child legitimate so long as the father recognizes the child as his child.