Define: Legitimacy

Legitimacy
Legitimacy
Quick Summary of Legitimacy

Legitimacy refers to being born within a lawful marriage or establishing a legal parent-child relationship. It stands in contrast to illegitimacy. While legitimacy was once crucial for receiving support, it is now considered irrelevant. Nevertheless, certain laws continue to discriminate against children based on their legitimacy status.

Full Definition Of Legitimacy

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. For example, in the past, child support rules were often determined by the legitimacy of the child. Legitimate children were entitled to full support, while illegitimate children faced limited legal consequences. However, the U.S. Supreme Court has ruled that distinctions between legitimate and illegitimate children should no longer be made. Despite this, many state statutes have not yet been updated to reflect this view. This example demonstrates how legitimacy can impact the entitlements of children, particularly in the context of child support. Previously, legitimacy was a requirement for full support entitlement, but this distinction is now considered unconstitutional. Nevertheless, some state statutes still make distinctions based on legitimacy, which can have legal implications for children born out of wedlock.

Legitimacy FAQ'S

Legitimacy refers to the status of being lawful or valid.

Legitimacy is determined by the laws and regulations of a particular jurisdiction.

Illegitimacy can result in legal penalties, such as fines or imprisonment, and can also lead to the invalidation of contracts or agreements.

Yes, a person or entity can challenge the legitimacy of a law or regulation through legal means, such as filing a lawsuit or petitioning for a change in legislation.

Legitimacy refers to the moral or ethical justification for a law or regulation, while legality refers to its conformity with established legal principles.

Yes, a law or regulation can be considered legitimate but still be considered unjust by some individuals or groups.

Legitimacy plays a crucial role in the enforcement of laws and regulations, as it helps to ensure that individuals and entities comply with them voluntarily.

Legitimacy can be lost over time if a law or regulation is no longer seen as just or necessary by the majority of individuals or groups affected by it.

Legitimacy can differ between different legal systems and cultures, as it is often based on cultural and historical factors that vary from one jurisdiction to another.

Legitimacy is essential in maintaining social order and stability, as it helps to ensure that individuals and entities comply with laws and regulations voluntarily, rather than through coercion or force.

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Disclaimer

This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 16th April 2024.

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