Does marriage after child's birth have any effects on the legitimacy of the children?
Full Question:
My friend and her husband had a boy before marriage. Two years after birth of the child they got married. When the child completed five years, they divorced. Is the child legitimate?
01/18/2017 |
Category: Marriage |
State: New York |
#30502
Answer:
“1. A child heretofore or hereafter born of parents who prior or subsequent to the birth of such child shall have entered into a civil or religious marriage, or shall have consummated a common-law marriage where such marriage is recognized as valid, in the manner authorized by the law of the place where such marriage takes place, is the legitimate child of both birth parents notwithstanding that such marriage is void or voidable or has been or shall hereafter be annulled or judicially declared void.
2. Nothing herein contained shall be deemed to affect the construction of any will or other instrument executed before the time this act shall take effect1 or any right or interest in property or right of action vested or accrued before the time this act shall take effect, or to limit the operation of any judicial determination heretofore made containing express provision with respect to the legitimacy, maintenance or custody of any child, or to affect any adoption proceeding heretofore commenced, or limit the effect of any order or orders entered in such adoption proceeding.”
2. Nothing herein contained shall be deemed to affect the construction of any will or other instrument executed before the time this act shall take effect1 or any right or interest in property or right of action vested or accrued before the time this act shall take effect, or to limit the operation of any judicial determination heretofore made containing express provision with respect to the legitimacy, maintenance or custody of any child, or to affect any adoption proceeding heretofore commenced, or limit the effect of any order or orders entered in such adoption proceeding.”
