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Many societies do not give the same rights to children who are illegitimate. Legitimacy in many societies is determined by whether or not a child is born out of wedlock. Though, it is important in some cases to prove legitimacy, it can lead to various legal issues. Given below are answers to five of the most commonly asked questions about legitimacy that have been answered by Experts online. What does one mean by legitimacy?
Legitimacy is the status of a child that is born to parents who are legally married to each other. It can also refer to children who are born just after the divorce of the parents. If a child is born to a man and woman who are not married, he/she may be called illegitimate. If a person who is not the main care giver of the child tries to file for legitimacy of the child, can he/she be given custody by the court?
Unless it is proved to be in the best interest of the child, the main caregiver may not be given custody even if he/she files for the legitimacy of the child. However the other parent may be given visitation rights, parental rights and a duty towards child support. Would the biological father have any rights towards the baby if a married woman and his/her spouse are ready to adopt the baby?
If the couple had already been married when the child was conceived and the spouse wants to adopt the child, the biological father may not have any rights towards the baby. However, he/she may request for a DNA test. This also cannot be forced as the married couple may refuse to the test and the petition may be cancelled. If a person was unknowingly paying child support to a child and realizes that it is not his/her biological child, can the person get back the child support?
It may be difficult for the individual to give up his/her child support responsibilities or collect a refund if the child was born during the course of the marriage. However, if the child was born before marriage, the individual may request for paternity testing to find out the legitimacy of the child. What would be the affect of divorce on the spouse if a person committed adultery and had a child?
The law may recognize the married couple as being the legal parents of the child if the child was born during the marriage. The spouse may have to pay child support if there is a divorce unless he/she requests for paternity testing. If it is found that he/she is not the father of the child, he/she may terminate all his/her responsibilities as a father of that child. The law in most circumstances recognizes a child conceived or born during a marriage to be legitimate. However, this does not have to be true always. Sometimes, it can be legally difficult to prove the legitimacy of a child. One may have many questions regarding this issue. You may ask a family lawyer if you have any further questions about legitimacy.
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