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Topic: Illegitimate child

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	Natural Child (Site not responding. Last check: 2007-10-09)
		A natural child is one born out of wedlock according to the "natural", unregenerate instinct of man. Such a child is a bastard, who ordinarily doesn't have the right of inheritance.
		Gaffey, 96 Conn. 61, 112 A. A child by concubinage, in contradistinction to a child by marriage.
		Child by birth, as distinguished from a child by adoption.
	home.earthlink.net /~walterk1/Patr/Words/NaturalChild.html (276 words)

	SUMMA THEOLOGICA: Can illegitimate children be legitimized? (Site not responding. Last check: 2007-10-09)
		For the legitimate child is as far removed from the illegitimate as the illegitimate from the legitimate.
		But the child is said to be legitimized, in so far as the losses which an illegitimate child ought to incur are withdrawn by the authority of the law.
		Hence an illegitimate child can be legitimized rather than "vice versa"; for although a legitimate son is sometimes deprived of his inheritance on account of his fault, he is not said to be illegitimate, because he was legitimately begotten.
	www.newadvent.org /summa/506803.htm (359 words)

	A. v. THE IROQUOIS OF CAUGHNAWAGA BAND COUNCIL (Site not responding. Last check: 2007-10-09)
		The Superior Court decides that X, the child's natural father, is not, within the meaning of section 11(1) (c) of the Indian Act, a direct descendant of his natural father and that neither he nor his natural child are entitled to be included in the respondent's Band List.
		The evidence showed that the child was born of a common law relationship between Petitioner, a registered Indian, and A..., the illegitimate child of a registered Indian father and of a non-Indian mother.
		The fact that the child's natural father is not registered on the Band List does not preclude her from being so registered, providing he is entitled to be registered.
	library.usask.ca /native/cnlc/vol09/001.html (1631 words)

	Clark V. Jeter (1988)
		Under Pennsylvania law, an illegitimate child must prove paternity before seeking support from his or her father, and a suit to establish paternity ordinarily must be brought within six years of an illegitimate child's birth.
		Consequently we have invalidated classifications that burden illegitimate children for the sake of punishing the illicit relations of their parents, because "visiting this condemnation on the head of an infant is illogical and unjust." Weber v.
		2107(3) (1982), permits a child born out of wedlock to establish paternity as long as "there is clear and convincing evidence that the man was the father of the child." Likewise, no statute of limitations applies to a father's action to establish paternity.
	aborn.webring.tripod.com /Aborn/Jeter.html (2655 words)

	AllRefer.com - parent and child (Legal Terms And Concepts) - Encyclopedia
		parent and child, legal relationship, created by biological (birth) relationship or by adoption, that confers certain rights and duties on parent and child; in some states the courts have given the nonbiological, nonadoptive partner of a parent standing as a parent in a legal context.
		Parents are ordinarily obliged to support the child (to provide "necessaries"), and they have the right to his or her custody and control.
		The mother of an illegitimate child has the right to its custody; the father usually must contribute to support; legitimation occurs when the parents of an illegitimate child marry.
	reference.allrefer.com /encyclopedia/P/parentNc.html (402 words)

	RE VANDENBERG AND GUIMOND (Site not responding. Last check: 2007-10-09)
		Nor are the prospect of convent life for the religious training of a Roman Catholic child or the influence of life on a Reserva- tion for an Indian child considerations entitling a Court to take from a Roman Catholic mother of Indian descent the custody of an illegitimate child born to her.
		The child was in the custody of the wife of a labour- ing man, with whom it had been placed by the mother, who was living with another man as his mistress.
		The law implies that in order for a father to gain custody of an illegitimate child, the amount or degree of neglect by the mother must be greater than that which is required in the case of a legitimate child.
	library.usask.ca /native/cnlc/vol06/717.html (4186 words)

	Rosero v. Blake, 357 NC 193 (322A02) 06/13/2003
		The child and his lineal descendants can take “by, through and from his mother and his other maternal kindred, both descendants and collaterals, and they are entitled to take from him.” G.S. Should [the mother] and her husband desire that he adopt the [child], [the father's] consent would be unnecessary.
		We therefore hold that the father's right to custody of his illegitimate child is legally equal to that of the child's mother, and, as dictated by section 50-13.2, if the best interest of the child is served by placing the child in the father's custody, he is to be awarded custody of that child.
		Because a mother's right to the custody of her illegitimate child is no longer superior to that of the child's father, the trial court properly applied the best interest of the child standard as between the parties to the present action.
	www.aoc.state.nc.us /www/public/sc/opinions/2003/322-02-1.htm (5940 words)

	SSR 75-4c
		In each of the examples just mentioned, the child is by statute "deemed dependent" upon the parent by virtue of his or her status and no dependency or paternity need be shown for the child to qualify for benefits.
		However, nonlegitimated illegitimates in appellants' position, who cannot inherit under state law and whose illegitimacy does not derive solely from a defect in their parents' wedding ceremony, are denied a parallel right to the dependency presumption under the Act.
		However, illegitimate children such as Eugenio and Alicia who were born after their father became entitled to disability or death insurance benefits, and who do not fall into one of the foregoing categories, are not entitled to receive any benefits.
	www.ssa.gov /OP_Home/rulings/oasi/53/SSR75-04-oasi-53.html (1799 words)

	Significant Decision Danny B. Thomas 40665 (Site not responding. Last check: 2007-10-09)
		It is the Department's position that any relaxation in the time honored treatment of illegitimate children will place an onerous burden on the Department and employers of this state in protecting themselves against the spurious claims of workmen who, seeking additional time loss compensation, will hasten to acknowledge numerous illegitimate children as their progeny.
		In that case, an illegitimate child was attempting to inherit from her putative father under the provisions of the statute just mentioned.
		In Levy, illegitimate children sought to recover for wrongful death of their mother, and in Glona, a mother sought to recover for the wrongful death of her illegitimate child.
	www.biia.wa.gov /40665.htm (1901 words)

	Adoption History: Amey Eaton Watson, "The Illegitimate Family," 1918
		Hitherto our attention has been very largely confined to the illegitimate child and its mother and we have ignored the fact that there is in every case a family involved, father, mother and child or children, and that they must all be considered before any adequate plan can be made with them.
		Case work with the illegitimate family is seeking to work out principles whereby the interests of the illegitimate child and those of both its father and mother may be harmonized with the best interests of society.
		Keep mother and child together, then, if the mother is fitted to give physical, mental, moral and at least part of the financial care to her child and to be happy in doing it.
	darkwing.uoregon.edu /~adoption/archive/WatsonTIF.htm (1489 words)

	FindLaw for Legal Professionals - Case Law, Federal and State Resources, Forms, and Code
		Appellant mother of an illegitimate child and the Texas Department of Human Resources brought suit in a Texas Court on behalf of the child to establish that appellee was his natural father.
		Appellant argues that the 13.01 bar imposes a burden on illegitimate children that is not shared by legitimate children, and that the burden is not justified by the State's interest in avoiding the prosecution of stale or fraudulent claims.
		And in Lalli the requirement imposed by New York law for an illegitimate child to inherit from its natural father was that the paternity of the father be declared in a judicial proceeding sometime before his death.
	caselaw.lp.findlaw.com /cgi-bin/getcase.pl?navby=case&court=us&vol=456&invol=91 (4904 words)

	SSR 77-2c
		A child is considered dependent for this purpose if the insured father was living with or contributing to the child's support at the time of death.
		Unless the child has been adopted by some other individual, a child who is legitimate, or a child who would be entitled to inherit personal property from the insured parent's estate under the applicable state intestacy law, is considered to have been dependent at the time of the parent's death.
		It adds nothing to say that the illegitimate child is also saddled with the procedural burden of proving entitlement on the basis of facts the legitimate child need not prove.
	www.ssa.gov /OP_Home/rulings/oasi/53/SSR77-02-oasi-53.html (4234 words)

	Sun.Star Pampanga - Sison: Eliminate stigma on illegitimate children
		ILLEGITIMATE children may soon be allowed to use their father's surname while those born to underage parents may have the chance to be legitimated.
		She told the Committee members that this is in consideration of the rights of legitimate children of the man who may be pinpointed as the father of an illegitimate child although he either knew that he is not the father or doubted the paternity claim.
		Villar stated that depriving the child of legitimation by the subsequent marriage of his or her parents and the right to carry his or her father's surname for the basic reason of being conceived and born to underage parents is contrary and inconsistent with the provisions of the Child and Youth Welfare Code.
	www.sunstar.com.ph /static/pam/2004/04/18/oped/mark.allen.sison.html (1134 words)

	Hayes v Torrence, 155 NC App 220 (01-1215) 12/31/2002 - Unpublished
		Plaintiff filed an action seeking custody of the child and child support on 17 July 2000, and the case was heard on 23 April 2001.
		The rule at common law is that “the mother of an illegitimate child is presumed to have a superior right to custody of her child as against all others, including the child's putative father.” Rosero v.
		Trial court may legitimate child when 'it appears to the court that the petitioner is the father of the child[.]' 2.
	www.aoc.state.nc.us /www/public/coa/opinions/2002/unpub/011215-1.htm (1601 words)

	[No title]
		Under Belgian law, the maternal affiliation of an ÔillegitimateÕ child is established neither by its birth alone nor even by the entry--obligatory under Article 57 of the Civil Code--of the motherÕs name on the birth certificate; Articles 334 and 341a require either a voluntary recognition or a court declaration as to maternity.
		Under Belgian law, a ÔlegitimateÕ child is fully integrated from the moment of its birth into the family of each of its parents, whereas a recognised ÔillegitimateÕ child, and even an adopted ÔillegitimateÕ child, remains in principle a stranger to its parentsÕ families (see para.
		Admittedly, the ÔtranquillityÕ of ÔlegitimateÕ families may sometimes be disturbed if an ÔillegitimateÕ child is included, in the eyes of the law, in his motherÕs family on the same footing as a child born in wedlock, but this is not a motive that justifies depriving the former child of fundamental rights.
	www.iwraw-ap.org /protocol/cases/Marckx_v_Belgium.doc (9101 words)

	CATHOLIC ENCYCLOPEDIA: Illegitimacy (Site not responding. Last check: 2007-10-09)
		In England the registration laws permit many illegitimate births to be counted as legitimate; moreover, the proportion of marriages between the conception and birth of the first child, the comparative prevalence of prostitution, and the use of immoral preventives of conception and birth, are all undoubtedly greater in that country than in Italy or Belgium.
		Nevertheless every illegitimate child that is born represents at least one grievous sin against the sixth commandment, and forebodes many harmful consequences for itself, its parents, and the community.
		The child is frequently deserted by its parents, or by the father, and is deprived of many of the social, economic, educational, and religious advantages which he would have obtained if he had been born in wedlock.
	www.newadvent.org /cathen/07650a.htm (4147 words)

	[No title]
		However, the definition excludes an illegitimate child from this eligible class unless he or she obtains an order of filiation during the lifetime of the father.
		Illegitimate children are even less able to file paternity suits against their fathers due to the incapacities of their youth.
		As the foregoing demonstrates, despite the fact that the law operates to allow either a child or a mother to bring a paternity action, there are myriad economic, societal, and personal pressures which operate to prevent such an action from being filed against a father who supports his illegitimate child.
	www.lasc.org /opinions/pace.htm (3776 words)

	ca03-454
		Following the child's birth, Sheppard initiated an action through the Office of Child Support Enforcement to establish paternity, and genetic testing was performed to determine the paternity of the child.
		Speir then, on his own, secured the medication for the child, and I think that he assumed his responsibilities when this child was a very, very, tender age and that the requirements in subsection (c)(2) have been met.
		The stepmother of the child's surname is Speir, and the name of the half sister on this [sic] child's father's paternal side is Speir, and so in light of the numerous names of the children in the household, as well as Ms.
	courts.state.ar.us /opinions/2004a/20040407/ca03-454.html (3614 words)

	TWO-AXE v. IROQUOIS OF CAUGHNAWAGA BAND COUNCIL (Site not responding. Last check: 2007-10-09)
		The child was registered as band member No. 3099 shortly after her birth, in accordance with s.11(1)(e) of the Act which permits the registration of the illegitimate child of a female member of a band.
		The evidence showed that the child was born of a common law relationship between petitioner, a registered Indian, and Angus Deer, the illegitimate child of a registered Indian father and of a non-Indian mother.
		It follows therefore that, since there is no provision at s.11(1)(c) to include an illegitimate child among the direct descendants in the male line of a male Indian, it was the legislator's intention to exclude him.
	library.usask.ca /native/cnlc/vol09/786.html (1486 words)

	Inheritance of Illegitimate Polygamist's Children
		Allowing illegitimate children to inherit from their fathers does not maintain it; does not establish polygamy; does not support it; does not maintain it; does not shield it; does not countenance it; for it is consistent with the severest punishment of polygamy and its entire overthrow that illegitimate children should inherit from their fathers.
		In the closing words of his dissent, Blackburn stressed the fact that illegitimate children have had the right to inherit from their fathers from 1852-1890, and that the title to much property was based upon its validity.
		The final decision pronounced was that the polygamist, Thomas Cope's child, George H. Cope, was entitled to share in the estate of his father and that the decision of the Utah Supreme Court was reversed.
	www.xmission.com /~plporter/lds/illegit.htm (3917 words)

	Michigan Appellate Digest - 149878 In re Jones Estate (Site not responding. Last check: 2007-10-09)
		Whether legislation pertaining to illegitimate children violates equal protection guarantees of the federal or Michigan constitutions is measured by the substantial relationship test.
		The purpose of the statute specifying the ways in which an illegitimate child may inherit from his father through intestate succession is to guard against specious or deceitful claims by requiring the father to have made some acknowlegement during his lifetime that the claimant was his child.
		The statute specifying the ways in which an illegitimate child may inherit from his father through intestate succession is substantially related to the important state interest of orderly and just distribution of an intestate decedent's property.
	courtofappeals.mijud.net /Digest/newHTML/14987821.htm (344 words)

	Illegitimate Child - Presumption of Natural Parentage - Standing (Site not responding. Last check: 2007-10-09)
		Probate proceedings were commenced and the intervenors filed a petition asking the probate court to determine them to be the illegitimate children of the decedent and that they be entitled to inherit from the decedent's estate.
		(2) If a child is born or conceived during a marriage, both spouses are presumed to be the natural parents of the child for all purposes of intestate succession.
		If a man and a woman participated in a marriage ceremony in apparent compliance with the law before the birth of a child, even through the attempted marriage is void, the child is considered to be their child for all purposes of intestate succession.
	courts.co.calhoun.mi.us /ca072597.htm (397 words)

	Adopt. Anter Plus
		By custom the father of an illegitimate child has some degree of power over it, and has at least a moral obligation to provide for the child, both for its upbringing and inheritance.
		Under the existing law of descent, an illegitimate child who has been legitimatized by the subsequent marriage of the parents under custom has no right of succession if his father dies intestate, as he is not a child born of a marital union.
		The child under Pohnpei custom is known in Pohnpei to be the natural child of the petitioner and the petitioner is customarily established the natural father.
	www.fsmlaw.org /pohnpei/decisions/3plr_87.htm (1310 words)

	POLICY AND PRACTICE: PUTATIVE FATHER REGISTRIES
		Adoption of illegitimate child by acknowledgment and conduct of father - Legitimation from birth.
		Father of illegitimate child not entitled to notice unless acknowledged.
		A married man not lawfully separated from his wife cannot adopt a child without the consent of his wife, nor can a married woman, not thus separated from her husband, without his consent, provided the husband or wife not consenting is capable of giving such consent.
	www.adoptioninstitute.org /policy/putativeSD.html (452 words)

	Michigan Appellate Digest - 192798 Crego v Coleman (Site not responding. Last check: 2007-10-09)
		In a divorce action, the court may modify a support order even if the parties have entered into an agreement regarding support, and an illegitimate child who is the subject of a filiation order may seek modification of a child support order despite a contrary agreement of the parties.
		The statutory distinction which precludes the modification of a support agreement between the parents of an illegitimate child but permits the modification if the child is legitimate or subject to an order of filiation impermissibly discriminates against the illegitimate child.
		In this case, the parties agreed to support payments for their illegitimate child, without entry of an order of filiation.
	courtofappeals.mijud.net /Digest/newHTML/19279822.htm (519 words)

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