• At common law, such a child was considered the child of nobody (nullius filius) and had no name except one that was gained by reputation. Being no one’s child, an illegitimate child could not inherit, even from the mother, but all states now allow maternal inheritance. In cases such as Levy v. Louisiana, 391 U.S. 68, 88 S.Ct. 1509 (1968), and Glona v. American Guar. & Liab. Ins. Co., 391 U.S. 73, 88 S.Ct. 1515 (1968), the Supreme Court held that limitations on a child’s right to inherit from his or her mother were unconstitutional. As a result, states changed their laws to permit full maternal inheritance. Full paternal inheritance is permitted if the child can prove paternity in accordance with state law (the proof varies from state to state). This burden of proof, uniquely imposed on an illegitimate child, is constitutionally permissible. Lalli v. Lalli, 439 U.S. 259, 99 S.Ct. 518 (1978).
— Also termed bastard; child out of wedlock; nonmarital child; (archaically) natural child. Cf. BASTARD. [Cases: Children Out-of-Wedlock 1. C.J.S. Children Out-of-Wedlock §§ 2–11.]
