Legal Definitions - legitimatio per subsequens matrimonium

Legitimatio per subsequens matrimonium is a legal principle that means a child born to parents who were not married at the time of the child's birth can become legally legitimate if their biological parents later marry each other. This legal act retroactively grants the child the same rights and status as if they had been born within a marriage.

Here are some examples illustrating this concept:

• Example 1: A Couple Marries After Their Child's Birth

  Sarah and Tom had a baby girl, Lily, while they were in a committed relationship but not yet married. A year later, Sarah and Tom decided to get married in a formal ceremony. Before their marriage, Lily was legally considered a non-marital child, even though Tom was recognized as her biological father.

  How it illustrates the term: Under the principle of legitimatio per subsequens matrimonium, once Sarah and Tom married, Lily's legal status automatically changed. She became legally legitimate, meaning she is now recognized by law as if she were born to married parents, gaining all the associated rights and privileges, such as inheritance rights from both parents and full parental recognition.

• Example 2: Inheritance and Estate Planning

  David and Maria had a son, Alex, before they married. They married five years later and lived as a married couple for many years. After their marriage, David passed away without a will. Alex's legitimacy became a crucial factor for him to inherit from David's estate, as laws often prioritize legitimate children in intestate succession (inheritance without a will).

  How it illustrates the term: Because David and Maria married *after* Alex's birth, Alex's legal status was legitimized through legitimatio per subsequens matrimonium. This ensures that Alex has the same inheritance rights as any child born within a marriage, allowing him to inherit from his father's estate despite being born before his parents' wedding.

• Example 3: Changing Legal Status on Official Records

  Emily and Mark had a daughter, Chloe, while they were unmarried. On Chloe's initial birth certificate, Mark was listed as the father, but because her parents were not married, Chloe was legally considered a non-marital child. Three years later, Emily and Mark decided to marry.

  How it illustrates the term: Following their marriage, Chloe's legal status changed from non-marital to legitimate due to legitimatio per subsequens matrimonium. This means that legally, Chloe is now recognized as if she were born to married parents, which can affect things like her legal name, parental rights, and future inheritance, without needing a separate adoption or court order to establish legitimacy. Her birth records might be updated to reflect her legitimized status.