Legal Term: LEGITIMACY

Definition: n order to make the offspring legitimate; and furthermore the marriage must be lawful, for if it is void ab initio, the children who may be the offspring of such marriage are not legitimate. 1 Phil. Ev. Index, h. t.; Civ. Code L. art. 203 to 216.

3. In Virginia, it is provided by statute of 1787, "that the issue of marriages deemed null in law, shall nevertheless be legitimate." 3 Hen. & Munf. 228, n.

4. A conclusive, presumption of legitimacy arises from marriage and cohabitation; and proof of the mother s irregularities will not destroy this presumption: pater est quem nuptiae demonstrant. To rebut this presumption, circumstances must be shown which render it impossible that the husband should be the father, as impotency and the like. 3 Bouv. Inst. n. 300-2. Vide Bastard; Bastardy; Paternity; Pregnancy.

Return to the Legalnut.com Law Dictionary