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Encyclopedia > Illegitimacy

Illegitimacy is the status that was once commonly ascribed to individuals born to parents who were not married. A corresponding legal term was bastardy. The child's status could be changed in either direction by civil (as in the case of the Princes in the Tower) or canon law. In some jurisdictions, marriage of an illegitimate child's parents after its birth resulted in the child's legitimation, the child's legal status then changing to "special bastardy." Image File history File links Merge-arrows. ... Freiheitsrechte Recht auf Leben, Freiheit, Eigentum, Sicherheit der Person Allgemeine, nur durch Gesetz beschränkbare Handlungsfreiheit Freiheit von willkürlichen Eingriffen in die Privatsphäre (Wohnung, Briefgeheimnis etc. ... from http://www. ... A parent is a father or mother; one who begets or one who gives birth to or nurtures and raises a child; a relative who plays the role of guardian // Mother This article or section does not cite its references or sources. ... Marriage is an interpersonal relationship with governmental, social, or religious recognition, usually intimate and sexual, and often created as a contract, or through civil process. ... In the common law, civil law refers to the area of law governing relations between private individuals. ... The Two Princes Edward and Richard in the Tower, 1483 by Sir John Everett Millais, 1878, part of the Royal Holloway picture collection The Princes in the Tower, Edward V of England (November 4, 1470 – 1483?) and his brother, Richard of Shrewsbury, 1st Duke of York (17 August 1473 – 1483... Topics in Christianity Movements · Denominations Ecumenism · Preaching · Prayer Music · Liturgy · Calendar Symbols · Art · Criticism Important figures Apostle Paul · Church Fathers Constantine · Athanasius · Augustine Anselm · Aquinas · Palamas · Wycliffe Tyndale · Luther · Calvin · Wesley Arius · Marcion of Sinope Pope · Patriarch of Constantinople Christianity Portal This box:      Canon law is the term used for... Legitimation is the act of providing legitimacy to a child born out of wedlock. ...

Contents

History

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. For other uses, see Law (disambiguation). ... This article or section does not adequately cite its references or sources. ... Civil rights or positive rights are those legal rights retained by citizens and protected by the government. ... Social stigma is severe social disapproval of personal characteristics or beliefs that are against cultural norms. ... The 1960s decade refers to the years from 1960 to 1969, inclusive. ... For other uses, see Adoption (disambiguation). ... “Grandfather” redirects here. ... Kinship is a biological and/or familial relationship between two organisms. ...


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"). Distinguish from sensor, censer and censor. ... Attitude is a key concept in psychology. ... It has been suggested that Duration of sexual intercourse be merged into this article or section. ... Paternity is the social and legal acknowledgment of the parental relationship between a father and his child. ... A related article is titled uncertainty. ... For other uses, see Latin (disambiguation). ... Mater semper certa est (The mother is always certain) is a Roman-law principle which has the power of presumptio iuris et de iure, meaning that no counter-evidence can be made against this principle. ...


Thus illegitimacy has affected not only the "illegitimate" 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 residences in different cities. “Einstein” redirects here. ... To meet Wikipedias quality standards, this article or section may require cleanup. ... Lieserl Einstein (late January, 1902 - September, 1903) was the first child of physicist Albert Einstein and Mileva Marić and, according to some sources, died in infancy. ...


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 "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 parent is a father or mother; one who begets or one who gives birth to or nurtures and raises a child; a relative who plays the role of guardian // Mother This article or section does not cite its references or sources. ... A persons marital status describes their relationship with a significant other. ... For other uses, see Adoption (disambiguation). ...


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, had been to wait for the death of the earlier spouse(s). Divorce or dissolution of marriage is the ending of a marriage before the death of either spouse. ... Civil law has at least three meanings. ... Topics in Christianity Movements · Denominations Ecumenism · Preaching · Prayer Music · Liturgy · Calendar Symbols · Art · Criticism Important figures Apostle Paul · Church Fathers Constantine · Athanasius · Augustine Anselm · Aquinas · Palamas · Wycliffe Tyndale · Luther · Calvin · Wesley Arius · Marcion of Sinope Pope · Patriarch of Constantinople Christianity Portal This box:      Canon law is the term used for... Marriage is an interpersonal relationship with governmental, social, or religious recognition, usually intimate and sexual, and often created as a contract, or through civil process. ... Divorce or dissolution of marriage is the ending of a marriage before the death of either spouse. ...


Today, in the Western world, the assertion that a child is less entitled to civil rights, or abides in a state of sin, due to the marital status of its parents, would be viewed as dubious. Many religions regard premarital or extramarital sex as a sin, but generally do not hold that a resultant child itself dwells in a state of sin. The term Western world, the West or the Occident (Latin occidens -sunset, -west, as distinct from the Orient) [1] can have multiple meanings dependent on its context (e. ... For other uses, see Sin (disambiguation). ... A persons marital status describes their relationship with a significant other. ... A parent is a father or mother; one who begets or one who gives birth to or nurtures and raises a child; a relative who plays the role of guardian // Mother This article or section does not cite its references or sources. ... Fornication, or simple fornication, is a term which refers to consensual sexual intercourse between two persons not married to each other[1]. In contrast adultery is consensual sex where one or both of the partners are married to someone else. ... This article is about the act of adultery. ... It has been suggested that Duration of sexual intercourse be merged into this article or section. ... For other uses, see Sin (disambiguation). ...


Nevertheless, the late-20th-century demise, in Western culture, of the concept of "illegitimacy" came too late to relieve the contemporaneous stigma once suffered by such creative individuals, born before the 20th century, as Leone Battista Alberti, Leonardo da Vinci, Erasmus of Rotterdam, d'Alembert, Alexander Hamilton, Sarah Bernhardt, T.E. Lawrence or Stefan Banach. (19th century - 20th century - 21st century - more centuries) Decades: 1900s 1910s 1920s 1930s 1940s 1950s 1960s 1970s 1980s 1990s As a means of recording the passage of time, the 20th century was that century which lasted from 1901–2000 in the sense of the Gregorian calendar (1900–1999... Social stigma is severe social disapproval of personal characteristics or beliefs that are against cultural norms. ... Look up Creativity in Wiktionary, the free dictionary. ... Late statue of Leon Battista Alberti. ... “Da Vinci” redirects here. ... This article deals with the Erasmus, the theologian. ... Jean le Rond dAlembert, pastel by Maurice Quentin de la Tour Jean Le Rond dAlembert (November 16, 1717 – October 29, 1783) was a French mathematician, mechanician, physicist and philosopher. ... Alexander Hamilton (January 11, 1755 or 1757–July 12, 1804) was an Army officer, lawyer, Founding Father, American politician, leading statesman, financier and political theorist. ... Sarah Bernhardt (October 23, 1844 – March 26, 1923) was a French stage actress. ... Thomas Edward Lawrence (August 16, 1888 – May 19, 1935), also known as Lawrence of Arabia, and (apparently, among his Arab allies) Aurens or El Aurens, became famous for his role as a British liaison officer during the Arab Revolt of 1916–1918. ... Stefan Banach Stefan Banach (March 30, 1892 in Kraków, Austria-Hungary now Poland– August 31, 1945 in Lwów, Soviet Union - occupied Poland), was an eminent Polish mathematician, one of the moving spirits of the Lwów School of Mathematics in pre-war Poland. ...


Despite the decreasing legal relevance of illegitimacy, an important exception may be found in the nationality laws of many countries, which discriminate against illegitimate children in the application of jus sanguinis, particularly in cases where the child's connection to the country lies only through the father. This is true of the United States [1] and its constitutionality was upheld by the Supreme Court in Nguyen v. INS, 533 U.S. 53 (2001). [2] Nationality law is the branch of a countrys legal system wherein legislation, custom and court precedent combine to define the ways in which that countrys nationality and citizenship are transmitted, acquired or lost. ... Jus sanguinis (Latin for right of blood) is a right by which nationality or citizenship can be recognised to any individual born to a parent who is a national or citizen of that state. ... Federal courts Supreme Court Circuit Courts of Appeal District Courts Elections Presidential elections Midterm elections Political Parties Democratic Republican Third parties State & Local government Governors Legislatures (List) State Courts Local Government Other countries Atlas  US Government Portal      The Supreme Court of the United States (sometimes colloquially referred to by the...


The proportion of children born extramaritally (outside marriage) varies widely between countries. In Europe, figures range from 3% in Cyprus to 55% in Estonia. In Britain the rate is 42% (2004). The rate in Ireland is 31.4%, close to the European average of 31.6% [3].


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. Examples include Henry Morton Stanley, the explorer of Africa. This article is being considered for deletion in accordance with Wikipedias deletion policy. ... Social stigma is severe social disapproval of personal characteristics or beliefs that are against cultural norms. ... Sir Henry Morton Stanley, also known in the Congo as Bula Matari (Breaker of Rocks or, alternatively, Sledge Hammer) , born John Rowlands (January 28, 1841 – May 10, 1904), was a journalist and explorer famous for his exploration of Africa and his search for David Livingstone. ...


Parental responsibility

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 [4], 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. The Children Act 1989 is a British Act of Parliament that altered the law in regard to children. ... Mary Elizabeth Winblad (1895-1987) birth certificate A birth certificate is a vital record that documents the birth of a child. ...


Recently, some people in the United States have taken to stigmatizing the parents, rather than the child, by labeling the parents as "Bastard Parents," because it is the parents who are ultimately responsible for the actions that caused an out-of-wedlock pregnancy. Conservative cultural commentator and radio talk-show host Michael Medved advocates this stigmatization, especially in the case of "Celebrity Bastard Parents." Michael Medved (born October 3, 1948) is a Jewish-American, neoconservative radio talk show host, film critic, and author. ...


References

  • Shirley Foster Hartley, Illegitimacy, University of California Press, 1975.
  • Jenny Teichman, Illegitimacy, Cornell University Press, 1982.
  • Alysa Levene, Samantha Williams and Thomas Nutt, eds., Illegitimacy in Britain, 1700-1920, Palgrave and Macmillan, 2005.

See also


  Results from FactBites:
 
Illegitimacy - Wikipedia, the free encyclopedia (835 words)
Illegitimacy was a term in common use for the condition of being born of parents who were not validly married to one another; the legal term was bastardy.
Generally speaking, in the United States, "illegitimacy" has been supplanted by the concept, "born out of wedlock." One does not speak of a child being "illegitimate"; all children are equally legitimate.
Despite the decreasing legal relevance of illegitimacy, an important exception may be found in the nationality laws of many countries, which discriminate against illegitimate children in the application of jus sanguinis, particularly in cases where the child's connection to the country lies only through the father.
  More results at FactBites »


 

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