1. Lawfulness.
2. The status of a person who is born within a lawful marriage or who acquires that status by later action of the parents; legal kinship between a child and its parent or parents. Cf. ILLEGITIMACY. [Cases: Children Out-of-Wedlock
1. C.J.S. Children Out-of-Wedlock §§ 2–11.]
“In this age of equality, the question might fairly be asked whether a discussion of child support should even be concerned about ‘legitimacy’ and ‘illegitimacy.’ The answer is ‘yes,’ for several reasons. Most rules regarding child support were fashioned at a time when legitimacy was the precondition to full support entitlement and illegitimate paternity had only limited legal consequences. True, by U.S. Supreme Court doctrine, distinctions between ‘legitimate’ and ‘illegitimate’ children should no longer be maintainable, but many state statutes have not yet been adapted to this view. Distinctions on the basis of legitimacy, however unconstitutional, continue to be made.” Harry D. Krause, Child Support in America 103 (1981).
