What is the effect on the legitimacy of a child born out of a bigamous marriage?
Full Question:
My husband and I live in South Carolina. We are married for two years. Recently, I found that he has a spouse living with whom the marriage is not dissolved. I got pregnant within those two years and have a daughter. Will she be considered as illegitimate?
01/17/2017 |
Category: Marriage |
State: South Carolina |
#30385
Answer:
This is provided in S. C. Code Ann. §20-1-90
“When either of the contracting parties to a marriage that is void under the provisions of Section 20-1-80 entered into the marriage contract in good faith on or after April 13, 1951 and in ignorance of the incapacity of the other party, any children born of the marriage shall be deemed legitimate and have the same legal rights as a child born in lawful wedlock.”
Per S. C. Code Ann. §20-1-80:
“All marriages contracted while either of the parties has a former wife or husband living shall be void. But this section shall not extend to a person whose husband or wife shall be absent for the space of five years, the one not knowing the other to be living during that time, not to any person who shall be divorced or whose first marriage shall be declared void by the sentence of a competent court.”