Define: Legitimatio Per Subsequens Matrimonium

Legitimatio Per Subsequens Matrimonium is a legal concept that refers to the legitimation of a child born out of wedlock through the subsequent marriage of the child’s parents.

When the parents of a child born out of wedlock get married, the child is considered legitimate from the date of their marriage. This means that the child will have the same legal rights and privileges as a child born within a marriage.

The recognition and application of Legitimatio Per Subsequens Matrimonium may vary depending on the jurisdiction. It is important to consult with a local attorney to understand the specific laws and regulations in your jurisdiction.

In some jurisdictions, Legitimatio Per Subsequens Matrimonium can be applied retroactively, meaning that the child’s legitimacy can be recognized from the date of their birth, even if their parents got married years later. However, this may not be the case in all jurisdictions, so it is crucial to seek legal advice.

Legitimatio Per Subsequens Matrimonium provides the child with legal rights, such as inheritance rights, the right to bear the father’s surname, and the right to financial support from both parents. It also eliminates any social stigma associated with being born out of wedlock.

In some cases, Legitimatio Per Subsequens Matrimonium can be challenged if there is evidence to prove that the child is not biologically related to the father. However, this process can be complex and requires legal assistance.

If the parents of a child born out of wedlock do not get married, the child will generally remain illegitimate. This means that the child may not have the same legal rights and privileges as a child born within a marriage.

The recognition and application of Legitimatio Per Subsequens Matrimonium to same-sex couples may vary depending on the jurisdiction. It is important to consult with a local attorney to understand the specific laws and regulations in your jurisdiction.

Legitimatio Per Subsequens Matrimonium is not affected by the separation or divorce of the child’s parents. Once the child is legitimized through the subsequent marriage, their legitimacy remains intact regardless of the marital status of their parents.

Legitimatio Per Subsequens Matrimonium can still be applied if one of the parents is deceased, as long as the child’s parents were married before the death of one of them. The child will still be considered legitimate from the date of their parents’ marriage.