What is the Difference Between Legitimate and Illegitimate Child?

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The difference between a legitimate and illegitimate child lies in the marital status of the parents at the time of the child's birth.

  • Legitimate child: A legitimate child is born to parents who are legally married to each other or conceived before the parents obtain a legal divorce. Legitimate children have complete filial rights and obligations by birth, including the right to inherit their parents' property and receive support.
  • Illegitimate child: An illegitimate child is born to parents who are not married to each other at the time of the child's birth. Traditionally, illegitimate children were not entitled to inherit their parents' property and did not have the same legal rights as legitimate children. However, in recent years, many countries have modified their laws to grant illegitimate children the same legal rights as legitimate children.

In some countries, the distinction between legitimate and illegitimate children has been removed from the Civil Code, and terms such as "natural child," "extra-marital child," or "non-marital child" are used instead. The concept of illegitimacy has become less relevant in modern family law, as more emphasis is placed on the best interests of the child and the responsibility of both parents to provide for their child, regardless of their marital status.

Comparative Table: Legitimate vs Illegitimate Child

The following table summarizes the differences between legitimate and illegitimate children:

Feature Legitimate Child Illegitimate Child
Definition A legitimate child is born to parents who are legally married to each other during their marriage. An illegitimate child is born out of wedlock or to parents who are not married.
Filial Rights and Obligations Legitimate children have complete filial rights and obligations by birth. Illegitimate children may face limitations in their rights and obligations, depending on the laws of their country.
Parental Authority Legitimate children have parents with legal authority over them. Illegitimate children may face restrictions in parental authority, depending on the laws of their country.
Inheritance Legitimate children have the right to inherit from their parents. Illegitimate children may face limitations in their right to inherit from their parents, depending on the laws of their country.
Nationality Legitimate children may be eligible for nationality through their parents' citizenship, depending on the laws of their country. Illegitimate children may face limitations in their eligibility for nationality through their parents' citizenship, depending on the laws of their country.

It is important to note that the term "illegitimate" child is rarely used today due to the injustice and discrimination it can imply. Instead, terms such as "natural child," "extra-marital child," or "non-marital child" are often used. Furthermore, many jurisdictions have recognized children born during a marriage or children born in a marriage that is later annulled as legitimate, through a process called "legitimation".