Legal Definitions - per subsequens matrimonium

Per subsequens matrimonium is a Latin legal principle that translates to "by subsequent marriage." It refers to the process by which a child, who was born to parents who were not married to each other at the time of the child's birth, becomes legally legitimate if those parents later marry each other. This act of marriage retroactively grants the child the same legal status, rights, and inheritance claims as if they had been born within a marriage from the start.

Here are some examples illustrating this concept:

• Example 1: Inheritance Rights

  Sarah and Mark had a daughter, Emily, while they were in a long-term relationship but not married. Years later, Sarah and Mark decided to marry. Under the principle of per subsequens matrimonium, Emily would automatically become legally legitimate. This means that if either Sarah or Mark were to pass away without a will, Emily would have the same legal right to inherit from them as any child born after their marriage, ensuring her full claim to their estate.

• Example 2: Social and Legal Recognition

  David and Lisa welcomed their son, Alex, into the world, but they postponed their wedding for several years due to various circumstances. When they eventually married, Alex's legal status shifted from being "born out of wedlock" to "legitimate" through per subsequens matrimonium. This change in status would be reflected in official family records and could simplify matters related to his legal identity, such as applying for passports or other documents where parental marital status might be relevant, aligning his legal standing with that of children born within a marriage.

• Example 3: Parental Rights and Family Unity

  Maria and Juan had a daughter, Sofia, and initially raised her as unmarried parents. They later decided to formalize their relationship and got married when Sofia was in elementary school. By virtue of per subsequens matrimonium, Sofia's legitimacy was established. This legal recognition strengthens the family unit's legal standing, making it clearer in any future legal contexts (such as school enrollment, medical decisions, or even international travel) that Sofia is the legitimate child of both Maria and Juan, fully integrated into their marital family structure.