Illegitimacy is the status that is commonly ascribed to individuals born to parents who are not married. In legal terminology, bastardy carries the same meaning. The child's status can be changed by civil or canon law. In some jurisdictions, marriage of an illegitimate child's parents after the birth results in the child's legitimation, the child's legal status then changing to "special bastardy." This status has been important historically, as only legitimate offspring had rights of inheritance. Mothers who gave birth to illegitimate children were often severely censured by society, leading many families to force unmarried pregnant daughters to give up their infants for adoption or place them in an orphanage.
Treatment of parents and their illegitimate offspring has become much more humane as humankind has advanced in social awareness and concern for human rights for all. However, the value of being born into a family where the parents are committed to each other and their children must also be taken into account. Thus, legitimacy for children remains a serious matter.
Legitimacy is the state of being lawful, rightful, or of undisputed credibility.Illegitimacy is the condition of being unlawful by virtue or of being born to parents who were married. A corresponding legal term is bastardy.
Along the same lines in the Jewish tradition is the concept of being a Mamzer—a child born in a marriage forbidden by Jewish law.
In the common law tradition, legitimacy describes the status of children who are born to parents that are legally married, or born shortly after a marriage ends through divorce. The opposite of legitimacy is the status of being "illegitimate"—born to unmarried parents, or to a married woman but of a father other than the woman's husband. In both canon and civil law, the offspring of putative or annulled marriages are legitimate.
Legitimacy was formerly of great consequence, in that only legitimate children could inherit their family's estates. In the United States, a series of Supreme Court decisions in the early 1970s abolished most, but not all, of the common-law disabilities of bastardy as violations of the equal-protection clause of the Fourteenth Amendment to the United States Constitution.
In the United Kingdom the notion of bastardy was effectively abolished by The Children Act 1989, which came into force in 1991. It introduced the concept of "parental responsibility," which ensures that a child may have a legal father even if the parents were not married. It was, however, not until December 2003, with the implementation of parts of The Adoption and Children Act 2002, that parental responsibility was automatically granted to fathers of out-of-wedlock children, and even then only if the father's name appears on the birth certificate.
One area where legitimacy still matters is in lines of succession to titles. For instance, only legitimate children are part of the line of succession to the throne of Monaco.
Law in many societies has denied "illegitimate" persons the same rights of inheritance as "legitimate" ones, and in some, even the same civil rights. In the United Kingdom and the United States, illegitimacy carried a strong social stigma as late as the 1960s. Unwed mothers were often encouraged, at times forced, to give their children up for adoption. Often, an illegitimate child was reared by grandparents or married relatives as the "sister" or "nephew" of the unwed mother.
In such cultures, fathers of illegitimate children often did not incur comparable censure or legal responsibility due to social attitudes about sex, the nature of sexual reproduction, and the difficulty of determining paternity with certainty. In the ancient Latin phrase, "Mater semper certa est" ("The mother is always certain").
Thus illegitimacy affected not only the "illegitimate" individuals. The stress that such circumstances of birth once regularly visited upon families is illustrated in the case of Albert Einstein and his wife-to-be, Mileva Marić, who—when she became pregnant with the first of their three children, Lieserl—felt compelled to maintain separate residences in different cities.
By the final third of the twentieth century, in the United States, all the states had adopted uniform laws that codified the responsibility of both parents to provide support and care for a child, regardless of the parents' marital status, and gave "illegitimate" as well as adopted persons the same rights to inherit their parents' property as anyone else. Generally speaking, in the United States, "illegitimacy" has been supplanted by the concept, "born out of wedlock."
A contribution to the decline of "illegitimacy" had been made by increased ease of obtaining divorce. Prior to this, the mother and father of many a child had been unable to marry each other because one or the other was already legally bound, by civil or canon law, in a non-viable earlier marriage that did not admit of divorce. Their only recourse, often, was to wait for the death of the earlier spouse(s).
Today, in the Western world, the assertion that a child is less entitled to civil rights due to the marital status of its parents would be viewed as dubious. Nevertheless, the late twentieth century demise, in Western culture, of the concept of "illegitimacy" came too late to relieve the contemporaneous stigma once suffered by such creative individuals as Leone Battista Alberti, Leonardo da Vinci, Erasmus of Rotterdam, d'Alembert, Jesus Christ, Alexander Hamilton, Sarah Bernhardt, T. E. Lawrence, and Stefan Banach.
Despite the decreasing legal relevance of illegitimacy, an important exception may be found in the nationality laws of many countries, including the United States, which have special requirements for illegitimate children in the application of jus sanguinis, particularly in cases where the child's connection to the country lies only through the father. The constitutionality of this discriminatory requirement was upheld by the Supreme Court in Nguyen v. INS, 533 U.S. 53 (2001).
History shows striking examples of prominent persons of "illegitimate" birth. Often they seem to have been driven to excel in their fields of endeavor in part by a desire to overcome the social disadvantage that, in their time, attached to illegitimacy. A notable example Henry Morton Stanley, the explorer of Africa.
A mamzer (Hebrew: ממזר) in Halakha (Jewish religious law) is a person born of certain forbidden relationships between two Jews. That is, one who is born from a married woman as a product of adultery or someone born as a product of incest between certain close relatives. The mamzer status is inherited by children; a child of a mamzer (whether mother or father) is also a mamzer. While the word mamzer is often translated as "bastard," unlike the colloquial usage of bastard, a child born out of wedlock or between people of two different faiths is not a mamzer.
Laws of Mamzerim
Other than with respect to the laws of marriage and other minor differences, a mamzer is a full-fledged Jew. A mamzer is not a second class citizen and is treated with as much respect as other Jews. It is written in the Mishnah (Horayot 3:8) that "A learned mamzer takes precedence over an ignorant high priest (Kohen Gadol)."
The children of a mamzer, whether male or female, are mamzerim; likewise their children are mamzerim forever. A mamzer and his or her descendants are not allowed to marry a regular (non-mamzer) Jewish spouse. He or she is permitted to marry only another mamzer, a convert to Judaism, or (in the case of a man) a non-Jewish female slave.
According to the Shulkhan Arukh, "if there are rumors that a married woman is having an affair we do not suspect the children of being mamzerim since the majority of her relations are still with her husband, unless she is exceptionally adulterous." The woman herself is not believed to turn her children into mamzerim.
In a related ruling, Rabbi Joel Teitelbaum declared that children born to a married woman artificially inseminated with the sperm of a man that is not her husband are mamzerim. However, there are poskim who dispute this ruling.
The child of a married woman and a gentile man is not a mamzer. However, the child of a woman who is mamzer is a mamzer regardless of who is the father.
The modern world, in which civil divorce and remarriage without a Get (Jewish Bill of Divorce) has become commonplace, has created a crisis threatening to create a large subclass of mamzer individuals ineligible to marry other Jews, threatening to divide the Jewish people. Decision-makers have approached the problem in two ways.
The principal approach in Orthodox Judaism has been to follow strict rules of evidence that typically render it impossible to prove either that a prior marriage ever existed or that a child was born of relations outside that marriage.
The Committee on Jewish Law and Standards (CJLS) of the Rabbinical Assembly of Conservative Judaism has declared that Conservative Rabbis should not inquire into or accept evidence of mamzer status under any circumstances, rendering the category inoperative. In doing so, the CJLS distinguished the Conservative approach to Jewish Law from the Orthodox approach, noting that Conservative Judaism regards Biblical law as only the beginning of a relationship rather than a final word, and that the Conservative movement regards it as its role and responsibility to revise Biblical law from time to time when such law conflicts with evolving concepts of morality. The category of mamzer has no role in Reform Judaism or Reconstructionist Judaism, as these more liberal branches regard it as an archaism inconsistent with modernity.
In the State of Israel, religious courts handle matters of marriage, divorce, and personal status in accordance with religious law, so the law of Mamzerut is also Israeli law for Jews, including secular Jews. Because of the severe disabilities of mamzer status with respect to marriage, the Israeli civil authorities have taken the position that the paternity of a child born within a marriage should not be challenged in any court, in order to avoid creating a body of evidence that might be used to declare the child a mamzer or create difficulties for a future marriage.
- ↑ Dictionary.com, Legitimacy. Retrieved October 6, 2007.
- ↑ Office of Public Sector Information, Adoption and Children Act 2002. Retrieved August 28, 2007.
- ↑Acquisition of U.S. Citizenship By a Child Born Abroad. Retrieved October 17, 2007.
- ↑ Findlaw, Tuan Anh Nguyen et al. v. Immigration and Naturalization Service. Retrieved August 28, 2007.
- ↑ Naftali Silberberg, What is the legal definition of a "mamzer"? Retrieved August 6, 2007.
- ↑ Yoel Jakobovits, Assisted Reproduction through the Prism of Jewish Law. Retrieved March 27, 2007.
- ↑ Rabbi Ellie Kaplan Spitz, Mamzerut. Retrieved August 28, 2007.
- Heywood, Colin. A History of Childhood: Children and Childhood in the West from Medieval to Modern Times. Polity Press, 2001. ISBN 0745617328
- Laslett, Peter. Family Life and Illicit Love in Earlier Generations: Essays in Historical Sociology. Cambridge University Press, 1977. ISBN 0521214084
- Levene, Alysa, Samantha Williams, and Thomas Nutt. Illegitimacy in Britain, 1700-1920. Palgrave and Macmillan, 2005. ISBN 1403990654
- Zingo, Martha. Nameless Persons: Legal Discrimination Against Non-Marital Children in the United States. Praeger Publishers, 1994. ISBN 0275947114
New World Encyclopedia writers and editors rewrote and completed the Wikipedia article in accordance with New World Encyclopediastandards. This article abides by terms of the Creative Commons CC-by-sa 3.0 License (CC-by-sa), which may be used and disseminated with proper attribution. Credit is due under the terms of this license that can reference both the New World Encyclopedia contributors and the selfless volunteer contributors of the Wikimedia Foundation. To cite this article click here for a list of acceptable citing formats.The history of earlier contributions by wikipedians is accessible to researchers here:
Note: Some restrictions may apply to use of individual images which are separately licensed.
Not to be confused with Legitimacy (political).
"Illegitimate" redirects here. For other uses, see Illegitimate (disambiguation).
Legitimacy, in traditional Western common law, is the status of a child born to parents who are legally married to each other, and of a child conceived before the parents obtain a legal divorce. Conversely, illegitimacy (or bastardy) has been the status of a child born outside marriage, such a child being known as a bastard, or love child, when such a distinction has been made from other children.
Depending on local legislation, legitimacy can affect a child's rights of inheritance to the putative father's estate and the child's right to bear the father's surname or hereditary title. Illegitimacy has also had consequences for the mother's and child's right to support from the putative father.
The importance of legitimacy has decreased considerably in Western countries with the increasing economic independence of women, the sexual revolution of the 1960s and 1970s, the fall of totalitarian regimes, and declining influence of Christian churches on family life. Births outside marriage represent the majority in many countries in Western Europe and in former European colonies. In many Western-derived cultures, stigma based on parents' marital status, and use of the word "bastard", are now considered offensive.
England's Statute of Merton (1235) stated, regarding illegitimacy: "He is a bastard that is born before the marriage of his parents." This definition also applied to situations when a child's parents could not marry, as when one or both were already married or when the relationship was incestuous.
The Poor Law of 1576 formed the basis of English bastardy law. Its purpose was to punish a bastard child's mother and putative father, and to relieve the parish from the cost of supporting mother and child. "By an act of 1576 (18 Elizabeth C. 3), it was ordered that bastards should be supported by their putative fathers, though bastardy orders in the quarter sessions date from before this date. If the genitor could be found, then he was put under very great pressure to accept responsibility and to maintain the child."
Under English law, a bastard could not inheritreal property and could not be legitimized by the subsequent marriage of father to mother. There was one exception: when his father subsequently married his mother, and an older illegitimate son (a "bastard eignè") took possession of his father's lands after his death, he would pass the land on to his own heirs on his death, as if his possession of the land had been retroactively converted into true ownership. A younger non-bastard brother (a "mulier puisnè") would have no claim to the land.
In contrast, in Scotland an illegitimate child would be legitimated by the subsequent marriage of his parents, provided they were free to marry at the date of the conception.. The Legitimation (Scotland) Act 1968 extended legitimation by the subsequent marriage of the parents to children conceived when their parents were not free to marry, but this was repealed in 2006 by the amendment of section 1 of the Law Reform (Parent and Child) (Scotland) Act 1986 (as amended in 2006) which abolished the status of illegitimacy stating that "(1) No person whose status is governed by Scots law shall be illegitimate ...".
The Legitimacy Act 1926 of England and Wales legitimized the birth of a child if the parents subsequently married each other, provided that they had not been married to someone else in the meantime. The Legitimacy Act 1959 extended the legitimization even if the parents had married others in the meantime and applied it to putative marriages which the parents incorrectly believed were valid. Neither the 1926 nor 1959 Acts changed the laws of succession to the British throne and succession to peerage and baronetcy titles. In Scotland children legitimated by the subsequent marriage of their parents have always been entitled to succeed to peerages and baronetcies and The Legitimation (Scotland) Act 1968 extended this right to children conceived when their parents were not free to marry.The Family Law Reform Act 1969 (c. 46) allowed a bastard to inherit on the intestacy of his parents. In canon and in civil law, the offspring of putative marriages have also been considered legitimate.
Since 2003 in England and Wales, 2002 in Northern Ireland and 2006 in Scotland, an unmarried father has parental responsibility if he is listed on the birth certificate.
In the United States, in the early 1970s a series of Supreme Court decisions held that most common-law disabilities imposed upon illegitimacy were invalid as violations of the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution. Still, children born out of wedlock may not be eligible for certain federal benefits (e.g., automatic naturalization when the father becomes a US citizen) unless the child has been legitimized in the appropriate jurisdiction.
Many other countries have legislatively abolished any legal disabilities of a child born out of wedlock.
In France, legal reforms regarding illegitimacy began in the 1970s, but it was only in the 21st century that the principle of equality was fully upheld (through Act no. 2002-305 of 4 March 2002, removing mention of "illegitimacy" — filiation légitime and filiation naturelle; and through law no. 2009-61 of 16 January 2009). In 2001, France was forced by the European Court of Human Rights to change several laws that were deemed discriminatory, and in 2013 the Court ruled that these changes must also be applied to children born before 2001.
In some countries, the family law itself explicitly states that there must be equality between the children born outside and inside marriage: in Bulgaria, for example, the new 2009 Family Code lists "equality of the born during the matrimony, out of matrimony and of the adopted children" as one of the principles of family law.
The European Convention on the Legal Status of Children Born out of Wedlock came into force in 1978. Countries which ratify it must ensure that children born outside marriage are provided with legal rights as stipulated in the text of this Convention. The Convention was ratified by the UK in 1981 and by Ireland in 1988.
Despite the decreasing legal relevance of illegitimacy, an important exception may be found in the nationality laws of many countries, which do not apply jus sanguinis (nationality by citizenship of a parent) to children born out of wedlock, particularly in cases where the child's connection to the country lies only through the father. This is true, for example, of the United States, and its constitutionality was upheld in 2001 by the Supreme Court in Nguyen v. INS.
Legitimacy also continues to be relevant to hereditary titles, with only legitimate children being admitted to the line of succession. Some monarchs, however, have succeeded to the throne despite the controversial status of their legitimacy. For example, Elizabeth I of England succeeded to the throne though she was initially held illegitimate as a result of her parents' marriage having been annulled after her birth.
Annulment of marriage does not change the status of legitimacy of children born to the couple during their putative marriage, i.e., between their marriage ceremony and the legal annulment of their marriage. For example, canon 1137 of the Roman Catholic Church's Code of Canon Law specifically affirms the legitimacy of a child born to a marriage that is declared null following the child's birth.
The Catholic Church is also changing its attitude toward unwed mothers and baptism of the children. In criticizing the priests who refused to baptize out-of-wedlock children, Pope Francis argued that the mothers had done the right thing by giving life to the child and should not be shunned by the church:
In our ecclesiastical region there are priests who don't baptise the children of single mothers because they weren't conceived in the sanctity of marriage. These are today's hypocrites. Those who clericalise the church. Those who separate the people of God from salvation. And this poor girl who, rather than returning the child to sender, had the courage to carry it into the world, must wander from parish to parish so that it's baptised!
The proportion of children born outside marriage is rising in all EU countries, North America, and Australia. In Europe, besides the low levels of fertility rates and the delay of motherhood, another factor that now characterizes fertility is the growing percentage of births outside marriage. In the EU, this phenomenon has been on the rise in recent years in almost every country; and in seven countries, mostly in northern Europe, it already accounts for the majority of births.
In 2009, 41% of children born in the United States were born to unmarried mothers, a significant increase from the 5% of half a century earlier. That includes 73% of non-Hispanic black children, 53% of Hispanic children (of all races), and 29% of non-Hispanic white children. In April 2009, the National Center for Health Statistics announced that nearly 40 percent of American infants born in 2007 were born to an unwed mother; that of 4.3 million children, 1.7 million were born to unmarried parents, a 25 percent increase from 2002. Most births to teenagers in the USA (86% in 2007) are nonmarital; in 2007, 60% of births to women 20–24, and nearly one-third of births to women 25–29, were nonmarital. In 2007, teenagers accounted for just 23% of nonmarital births, down steeply from 50% in 1970.
In 2014, 42% of all births in the 28 EU countries were nonmarital. In the following European countries the majority of births occur outside marriage: Iceland (66.9% in 2012), Estonia (59% in 2014), Bulgaria (58.8% in 2014), Slovenia (58.6% in 2016), France (59.7% in 2016), Norway (55.9% in 2015), Sweden (54.7% in 2015), Denmark (53.8% in 2015), and Portugal (52.8% in 2016).
The proportion of nonmarital births is also approaching half in the Netherlands (49.8% as of 2015), the Czech Republic (49.0% in 2017), the United Kingdom (47.9% as of 2015), Hungary (47.9% as of 2015), Belgium (49.4% as of 2014), Spain (44.5% as of 2015"), Finland (44.3% as of 2015), Austria (42.1% as of 2015). Only six EU countries (Greece, Croatia, Cyprus, Malta, Poland, and Lithuania) have a percentage of nonmarital births below 30%. The lowest proportion of births outside marriage, among EU countries in 2015, were found in Greece (8.8%), Croatia (18.1%), and Cyprus (18.6% - in 2012).
The prevalence of births to unmarried women varies not only between different countries, but also between different geographical areas of the same country: for example, in Germany, there are very strong differences between the regions of former West Germany and East Germany with a non religious majority. Significantly more children are born out of wedlock in eastern Germany than in western Germany. In 2012, in eastern Germany 61.6% of births were to unmarried women, while in western Germany only 28.4% were. In the UK, in 2014, 59.4% of births were nonmarital in North East of England, 58.9% in Wales, 54.2% in North West England, 52.4% in Yorkshire and the Humber, 52% in East Midlands, 50.8% in Scotland, 50.4% in West Midlands, 48.5% in South West England, 45.5% in East of England, 43.2% in Northern Ireland, 42.9% in South East England, and 35.7% in London. In France, in 2012, 66.9% of births were nonmarital in Poitou-Charentes, while only 46.6% were in Ile-de-France (which contains Paris). One of the reasons for the lower prevalence of nonmarital births in the metropolis is the high number of immigrants from conservative world regions. In Canada, in Quebec, the majority of births since 1995 onwards have been outside marriage. As of 2015, 63% of births were outside marriage in Quebec.
In the EU, the average percentage of nonmarital births has risen steadily in recent years, from 27.4% in 2000 to 40% in 2012.
It is notable that traditionally-conservative Catholic countries in the EU now also have substantial proportions of nonmarital births, as of 2015 (except where otherwise stated):Portugal (52.8% in 2016), Spain (44.5%), Austria (41.7%), Luxembourg (38.8%) Ireland (36.5%),Italy (30%), Malta (26.9%), and Poland (24.6%).
To a certain degree, religion (the religiosity of the population - see Religion in Europe) correlates with the proportion of nonmarital births (e.g., Greece, Cyprus, Croatia have a low percentage of births outside marriage), but this is not always the case: Portugal (52.8% in 2016) and Romania (31.2%) are among the most religious countries in Europe.
The percentage of first-born children born out of wedlock is considerably higher (by roughly 10%, for the EU), as marriage often takes place after the first baby has arrived. For example, for the Czech Republic, whereas the total nonmarital births are less than half, 47.7%, (third quarter of 2015) the percentage of first-born outside marriage is more than half, 58.2%.
Latin America has the highest rates of non-marital childbearing in the world (55–74% of all children in this region are born to unmarried parents). In most countries in this traditionally Catholic region, children born outside marriage are now the norm. Recent figures from Latin America show non-marital births to be 74% in Colombia, 70% in Paraguay, 69% in Peru, 63% in the Dominican Republic, 58% in Argentina, 55% in Mexico. In Brazil, non-marital births increased to 65.8% in 2009, up from 56.2% in 2000. In Chile, non-marital births increased to 70.7% in 2013, up from 48.3% in 2000.
Even in the early 1990s, the phenomenon was very common in Latin America. For example, in 1993, out-of-wedlock births in Mexico were 41.5%, in Chile 43.6%, in Puerto Rico 45.8%, in Costa Rica 48.2%, in Argentina 52.7%, in Belize 58.1%, in El Salvador 73%, in Suriname 66% and in Panama 80%.
Out-of-wedlock births are less common in Asia: in 1993 the rate in Japan was 1.4%; in Israel, 3.1%; in China, 5.6%; in Uzbekistan, 6.4%; in Kazakhstan, 21%; in Kyrgyzstan, 24%. However, in the Catholic Philippines that disallows contraceptives and divorces, the out-of-wedlock birth rate was 37% in 2008-9, which skyrocketed to 52.1% by 2015.
Main article: Non-paternity event
Covert illegitimacy is a situation which arises when someone who is presumed to be a child's father (or mother) is in fact not the biological father (or mother). Frequencies as high as 30% are sometimes assumed in the media, but research by sociologist Michael Gilding traced these overestimates back to an informal remark at a 1972 conference.
The detection of unsuspected illegitimacy can occur in the context of medical genetic screening, in genetic family name research, and in immigration testing. Such studies show that covert illegitimacy is in fact less than 10% among the sampled African populations, less than 5% among the sampled Native American and Polynesian populations, less than 2% of the sampled Middle Eastern population, and generally 1%-2% among European samples.
Causes for rise in nonmarital births
Further information: Reproductive rights
The rise in illegitimacy which has been noted in Britain throughout the eighteenth century has been associated with the rise of new employment opportunities for women, making them less dependent upon a husband's earnings. However, the Marriage Act 1753 sought to curb this practice, by combining the spousals and nuptials, and by the start of the 19th century social convention prescribed that brides had to be virgins at marriage, and illegitimacy became more socially discouraged, especially during the Victorian era. Later in the 20th century, the social changes of the 1960s and 1970s have started to reverse this trend, with an increase in cohabitation and alternative family formation. Elsewhere in Europe and Latin America, the increase in nonmarital births from the late 20th century onwards has been linked to secularization, enhanced women's status, and the fall of authoritarian political regimes. The fall of communist regimes in Europe also had an impact. These regimes, while encouraging female participation in the workforce, at the same time discouraged freedom of choice regarding personal life, with the family being tightly controlled by the state. As such, after the fall of the regimes, the population was given more options on how to organize their personal life; in former East Germany the rate of births outside marriage increased dramatically - as of 2012, in eastern Germany 61.6% of births were outside marriage. Right wing regimes such as those of Spain (Francoist Spain) and Portugal (Estado Novo) also fell, leading to the liberalization of society. Spanish society, for instance, has undergone major changes since the fall of the Franco regime: important legal changes which have occurred throughout the 1970s and 1980s include legalization of divorce, decriminalization of adultery, gender equality in family law, and removing the ban on contraception.
In many countries there has been a dissociation between marriage and fertility, with the two no longer being closely associated—with births to unmarried couples, as well as childless married couples, becoming more common and more socially acceptable. Contributions to these societal changes have been made by the weakening of social and legal norms that regulate peoples' personal lives and relations, especially in regard to marriage, secularization and decreased church control of reproduction, increased participation of women in the labor force, changes in the meaning of marriage, risk reduction, individualism, changing views on female sexuality, and availability of contraception. New concepts have emerged, such as that of reproductive rights, though these concepts have not been accepted by all cultures. Under the notions of reproductive and sexual rights, individuals—not the state, church, community, etc.—shall decide whether and when individuals shall have children, their number and spacing, the circumstances under which individuals will or will not be sexually active, and their choice of intimate partners and type of relationship.
It is argued that in some places where the control of the church (especially the Roman Catholic Church) was traditionally very strong, the social changes of the 1960s and 1970s have led to a negative reaction of the population against the lifestyles promoted by the church. One of the explanations of the current high rates of unmarried cohabitation in Quebec is that the traditionally strong social control of the church and the Catholic doctrine over people's private relations and sexual morality has led the population to rebel against traditional and conservative social values; since 1995 the majority of births in this province are outside marriage; and as of 2015, in Quebec, 63% of children were born to unmarried women.
The past few decades have seen decreased marriage rates in most Western countries, and this decrease has been accompanied by increased emergence of non-traditional family forms. Average marriage rates across OECD countries have fallen from 8.1 marriages per 1,000 people in 1970 to 5.0 in 2009.
Research on the situation in Bulgaria has concluded that
- "[The rise in unmarried cohabitation] shows that for many people it is not of great importance [whether] their union is a legal marriage or [a] consensual union. This [indicates] clear changes in [people's] value orientations [...] and less social pressure for marriage."
Certainty of paternity has been considered important in a wide range of eras and cultures, especially when inheritance and citizenship were at stake, making the tracking of a man's estate and genealogy a central part of what defined a "legitimate" birth. The ancient Latin dictum, "Mater semper certa est" ("The mother is always certain", while the father is not) emphasized the dilemma.
In English common law, Justice Edward Coke in 1626 promulgated the "Four Seas Rule" (extra quatuor maria) asserting that, absent impossibility of the father being fertile, there was a presumption of paternity that a married woman's child was her husband's child. That presumption could be questioned, though courts generally sided with the presumption, thus expanding the range of the presumption to a Seven Seas Rule". But it was only with the Marriage Act 1753 that a formal and public marriage ceremony at civil law was required, whereas previously marriage had a safe haven if celebrated in an Anglican church. Still, many "clandestine" marriages occurred.
In many societies, people born out of wedlock did not have the same rights of inheritance as those within it, and in some societies, even the same civil rights.[which?] In the United Kingdom and the United States, as late as the 1960s and in certain social strata even up to today, nonmarital birth has carried a social stigma. In previous centuries unwed mothers were forced by social pressure to give their children up for adoption. In other cases nonmarital children have been reared by grandparents or married relatives as the "sisters", "brothers" or "cousins" of the unwed mothers.
In most national jurisdictions, the status of a child as a legitimate or illegitimate heir could be changed - in either direction - under the civil law: A legislative act could deprive a child of legitimacy (as in the cases of the sons of Edward IV of England); conversely, a marriage between the previously unmarried parents, usually within a specified time, such as a year, could retroactively legitimate a child's birth.
Fathers of illegitimate children often did not incur comparable censure or legal responsibility, due to social attitudes about sex, the nature of sexual reproduction, and the difficulty of determining paternity with certainty.
By the final third of the 20th century, in the United States, all the states had adopted uniform laws that codified the responsibility of both parents to provide support and care for a child, regardless of the parents' marital status, and gave nonmarital as well as adopted persons equal rights to inherit their parents' property. In the early 1970s, a series of Supreme Court decisions abolished most, if not all, of the common-law disabilities of nonmarital birth, as being violations of the equal-protection clause of the Fourteenth Amendment to the United States Constitution. Generally speaking, in the United States, "illegitimacy" has been supplanted by the phrase "born out of wedlock."
In contrast, other jurisdictions (particularly western continental European countries) tend to favour social parentage over the biological parentage. Here a man (not necessarily the biological father) may voluntarily recognise the child to be identified as the father, thus giving legitimacy to the child; the biological father does not have any special rights in this area. In France a mother may refuse to recognise her own child, see anonymous birth.
A contribution to the decline of the concept of illegitimacy had been made by increased ease of obtaining divorce. Prior to this, the mother and father of many children had been unable to marry each other because one or the other was already legally bound, by civil or canon law, in a non-viable earlier marriage that did not admit of divorce. Their only recourse, often, had been to wait for the death of the earlier spouse(s). Thus Polish political and military leader Józef Piłsudski (1867–1935) was unable to marry his second wife, Aleksandra, until his first wife, Maria, died in 1921; by which time Piłsudski and Aleksandra had two out-of-wedlock daughters.
Nonmarital birth has affected not only the individuals themselves. The stress that such circumstances of birth once regularly visited upon families, is illustrated in the case of Albert Einstein and his wife-to-be, Mileva Marić, who—when she became pregnant with the first of their three children, Lieserl—felt compelled to maintain separate domiciles in different cities.
Some persons born outside of marriage have been driven to excel in their endeavors, for good or ill, by a desire to overcome the social stigma and disadvantage that attached to it. Nora Titone, in her book My Thoughts Be Bloody, recounts how the shame and ambition of actor Junius Brutus Booth's two actor sons born outside of marriage, Edwin Booth and John Wilkes Booth, spurred them to strive, as rivals, for achievement and acclaim—John Wilkes, the assassin of Abraham Lincoln, and Edwin, a Unionist who a year earlier had saved the life of Lincoln's son, Robert Todd Lincoln, in a railroad accident.
Historian John Ferling, in his book Jefferson and Hamilton: The Rivalry That Forged a Nation, makes the same point: that Alexander Hamilton's nonmarital birth spurred him to seek accomplishment and distinction.
The Swedish artist Anders Zorn (1860–1920) was similarly motivated by his nonmarital birth to prove himself and excel in his métier.
Similarly, T. E. Lawrence's biographer Flora Armitage writes about being born outside of marriage: "The effect on [T.E.] Lawrence of this discovery was profound; it added to the romantic urge for heroic conduct—the dream of the Sangreal—the seed of ambition, the desire for honor and distinction: the redemption of the blood from its taint." Another biographer, John E. Mack, writes in a similar vein: "[H]is mother required of him that he redeem her fallen state by his own special achievements, by being a person of unusual value who accomplishes great deeds, preferably religious and ideally on an heroic scale. Lawrence did his best to fulfill heroic deeds. But he was plagued, especially after the events of the war activated his inner conflicts, by a deep sense of failure. Having been deceived as a child he was later to feel that he himself was a deceiver—that he had deceived the Arabs..." "Mrs. Lawrence's original hope that her sons would provide her personal redemption by becoming Christian missionaries was fulfilled only by [Lawrence's brother] Robert." Mack elaborates further: "Part of his creativity and originality lies in his 'irregularity,' in his capacity to remain outside conventional ways of thinking, a tendency which... derives, at least in part, from his illegitimacy. Lawrence's capacity for invention and his ability to see unusual or humorous relationships in familiar situations come also... from his illegitimacy. He was not limited to established or 'legitimate' solutions or ways of doing things, and thus his mind was open to a wider range of possibilities and opportunities. [At the same time] Lawrence's illegitimacy had important social consequences and placed limitations upon him, which rankled him deeply... At times he felt socially isolated when erstwhile friends shunned him upon learning of his background. Lawrence's delight in making fun of regular officers and other segments of 'regular' society... derived... at least in part from his inner view of his own irregular situation. His fickleness about names for himself [he changed his name twice to distance himself from his "Lawrence of Arabia" persona] is directly related... to his view of his parents and to his identification with them [his father had changed his name after running off with T.E. Lawrence's future mother]."
Violence and honor killings
While births outside marriage are considered acceptable in many world regions, in some parts of the world they remain highly stigmatized. Women who have given birth under such circumstances are often subjected to violence at the hands of their families; and may even become victims of so-called honor killings. These women may also be prosecuted under laws forbidding sexual relations outside marriage and may face consequent punishments, including stoning.
Main article: Illegitimacy in fiction
Illegitimacy has for centuries provided a motif and plot element to works of fiction by prominent authors, including William Shakespeare, Benjamin Franklin, Henry Fielding, Voltaire, Jane Austen, Alexandre Dumas, père, Nathaniel Hawthorne, Charles Dickens, Wilkie Collins, Anthony Trollope, Alexandre Dumas, fils, George Eliot, Leo Tolstoy, Ivan Turgenev, Fyodor Dostoyevsky, Thomas Hardy, Henry James, Joseph Conrad, E. M. Forster, C. S. Forester, Marcel Pagnol, Grace Metalious, John Irving, and George R. R. Martin.
- ^"Archived copy". Archived from the original on 2012-02-05. Retrieved 2012-03-20.
- ^Alan Macfarlane, "Illegitimacy and illegitimates in English history." (2002), Alanmacfarlane.com
- ^William Blackstone (1753), Commentaries on the Laws of England, Book II, Chapter XV "Of Title by Purchase and I. Escheat", Section 5.
- ^AB Wilkinson and KMcK Norrie, The Law Relating to Parent and Child in Scotland, W.Green, Edinburgh 2nd Ed 1999 para 1.54
- ^Legitimacy Act 1926 (16 & 17 Geo. 5 c. 60)
- ^Viscount of Drumlanrig's Tutor 1977 SLT (Lyon Ct) 16
- ^"CATHOLIC ENCYCLOPEDIA: The Defect of Birth (Illegitimacy)". Retrieved 20 April 2016.
- ^"Parental rights and responsibilities". Retrieved 20 April 2016.
- ^"US Supreme Court Cases from Justia & Oyez". Retrieved 19 July 2011.
- ^"Archived copy"(PDF). Archived from the original(PDF) on 2015-04-14. Retrieved 2015-04-07.
- ^Watson vs. the United States, specifically the USCIS denial letter in Exhibit S, Hklaw.com
- ^e.g. section 1 of the Law Reform (Parent and Child) (Scotland) Act 1986 (as amended in 2006) which abolished the status of illegitimacy.
- ^Serge BRAUDO. "Autorité parentale - Définition". Retrieved 20 April 2016.
- ^"National Report: France"(PDF). Ceflonline.net. Retrieved 2017-03-26.
- ^"LOI n° 2009-61 du 16 janvier 2009 ratifiant l'ordonnance n° 2005-759 du 4 juillet 2005 portant réforme de la filiation et modifiant ou abrogeant diverses dispositions relatives à la filiation - Legifrance". Retrieved 20 April 2016.
- ^"FAMILY CODE : In force from 01.10.2009 : Chapter one: GENERAL PROVISIONS"(PDF). Kenarova.com. Retrieved 2017-03-26.
- ^"Liste complète". Bureau des Traités. Retrieved 20 April 2016.
- ^"Liste complète". Bureau des Traités. Retrieved 20 April 2016.
- ^"Instructions for N-600, Application for Certificate of Citizenship"(PDF). U.S. Citizenship and Immigration Services. Retrieved 1 October 2010.
- ^Tuan Anh Nguyen et al. v. Immigration and Naturalization Service, 533 U.S. 53 (2001).
- ^The Guardian (13 March 2013). "Pope Francis on gay marriage, unmarried mothers … and journalists". London.
- ^Fox (13 March 2013). "Francis is first pope from the Americas". Fox News.
- ^ABC News. "Francis Becomes First Latin American Pope". Abcnews.go.com. Retrieved 2017-03-26.
- ^ abc"Changing Patterns of Nonmarital Childbearing in the United States". CDC/National Center for Health Statistics. May 13, 2009. Retrieved September 24, 2011.
- ^Grove, Robert D.; Hetzel, Alice M. (1968). Vital Statistics Rates in the United States 1940-1960(PDF) (Report). Public Health Service Publication. 1677. U.S. Department of Health, Education, and Welfare, U.S. Public Health Service, National Center for Health Statistics. p. 185.
- ^Ventura, Stephanie J.; Bachrach, Christine A. (October 18, 2000). Nonmarital Childbearing in the United States, 1940-99(PDF) (Report). National Vital Statistics Reports. 48.16. Centers for Disease Control and Prevention, National Center for Health Statistics, National Vital Statistics System. pp. 28–31.
- ^Martin, Joyce A.; Hamilton, Brady E.; Ventura, Stephanie J.; Menacker, Fay; Park, Melissa M. (February 12, 2002). Births: Final Data for 2000(PDF) (Report). National Vital Statistics Reports. 50.5. Centers for Disease Control and Prevention, National Center for Health Statistics, National Vital Statistics System. p. 46.