- Research/Scholar Paper name – “Legitimacy and Parentage”
- Author: Vidhi. P. Galaiya
- Institution: School of law, University of Petroleum and Energy Studies
- Affiliation: Centre for Study of Contemporary Legal Issues
- Date of Publication: 25/09/2021
The term “legitimacy” and “parentage” may be synonymous as far as their effect is concerned. Where the child of married parents is involved, the proof of one of these facts automatically establishes the other. The question of parentage is distinct from that of legitimacy where an attempt is made to establish that the father of a child is one other than the husband, or where no marriage exists. Usually, a child born in a valid marriage is regarded as a legitimate child and a child born out of wedlock is regarded as illegitimate. The principal legal difference between a legitimate and an illegitimate child is that in general only the former can inherit from an intestate father or through a father deceased. Over time there has been a lot of discrimination against an illegitimate and legitimate child, which is validated by the legislation. However, the position of an illegitimate child in modern law has improved, today modern law does not consider an illegitimate child a Fillius nulius as he was under English Common Law. This paper mainly talks about legitimacy and parentage in Indian personal laws and compares them, it further talks about the position of an illegitimate child.