Legal Definitions - child out of wedlock

A child out of wedlock refers to a child whose biological parents were not legally married to each other at the time of the child's birth. Historically, this term, along with "illegitimate child," carried significant legal and social disadvantages, particularly concerning inheritance rights and the establishment of parental responsibilities. In modern legal systems, many of these distinctions have been eliminated or greatly reduced, ensuring that children born to unmarried parents generally have the same rights and protections as those born to married parents. However, the term still describes the marital status of the parents at the moment the child was born.

Here are some examples to illustrate this concept:

• Example 1: Emily and Ben have been in a long-term committed relationship for several years, living together and sharing finances, but they have never formally married. When their son, Leo, is born, Leo is considered a child out of wedlock because Emily and Ben were not legally wed at the time of his birth. Despite their stable relationship, their marital status determines this legal classification.

• Example 2: Sarah is legally married to John, but she has an affair with Michael, resulting in the birth of a daughter, Chloe. Even though Sarah is married to John, Chloe is considered a child out of wedlock because her biological parents, Sarah and Michael, were not married to each other when Chloe was born. The marital status of the biological parents to each other is the determining factor.

• Example 3: David, a single man, decides to become a father through a surrogacy arrangement. The surrogate mother gives birth to his daughter, Mia. Since David was not married to the biological mother (or any partner) at the time of Mia's birth, Mia is legally classified as a child out of wedlock. This classification applies even though David is the intended and legal parent.