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LSDefine

Simple English definitions for legal terms

legitimacy

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A quick definition of legitimacy:

Legitimacy means being born within a lawful marriage or becoming legally related to a parent. It is the opposite of illegitimacy. Legitimacy used to be very important for getting support, but now it is not supposed to matter. However, some laws still treat children differently based on whether they are legitimate or not.

A more thorough explanation:

Definition: Legitimacy refers to the lawfulness of something or the status of a person who is born within a lawful marriage or who acquires that status by later action of the parents. It is the legal kinship between a child and its parent or parents. Legitimacy is the opposite of illegitimacy.

Example: In the past, many rules regarding child support were based on the legitimacy of the child. Legitimate children were entitled to full support, while illegitimate children had limited legal consequences. Although the U.S. Supreme Court has ruled that distinctions between legitimate and illegitimate children should no longer be made, many state statutes have not yet been adapted to this view.

Explanation: This example illustrates how legitimacy can affect the entitlements of children, particularly in the context of child support. Legitimacy used to be a precondition for full support entitlement, but this distinction is now considered unconstitutional. However, some state statutes still make distinctions based on legitimacy, which can have legal consequences for children born out of wedlock.

legitim | legitimacy presumption

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