What is the legitimacy of the child in a bigamous relationship?
Full Question:
I have been married to my wife for over five years and have a son together. Lately, I found out that she hadn’t divorced her previous husband, making’ our marriage a bigamous one. Will this affect the legitimacy of our son in Indiana?
02/20/2017 |
Category: Marriage |
State: Indiana |
#32490
Answer:
This is stated in Burns Ind. Code Ann. § 31-13-1-2 which reads:
“If:
(1) a marriage is void because either of the parties to the marriage has a living husband or wife; and
(2) either of the parties to the marriage did not reasonably believe that either of the parties had a living husband or wife;
the children of the marriage shall be treated as if the children are children of a marriage that is not void if the children were conceived before the discovery that a party to the marriage had a living husband or wife.”