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legitimacynoun authorization, conformity to law, genuineness, lawfulness, legality, legitimation, legitimization, licitness, originality, realness, rightfulness, soundness, validity
Associated concepts: illegitimacy, paternity proceeding
Foreign phrases: Semper praesumitur pro legitimatione puerorum.The presumption always is in favor of the legittmacy of children. Cum legitimae nuptiae factae sunt, paarem liberi sequuntur. Children of a lawful marriage follow the condition of the father. Praesumitur pro legitimatione. There is a presumption in favor of legitimacy. Non est jussum aliquem antenatum post mortem facere bastardum qui toto tempore vitae suae pro legitimo habebatur. It is not just to make anyone a bastard after death, who durrng his lifetime was regarded as legitimate. Pater est quem nuptiae demonstrant. He is the father whom the marriage points out.
See also: admissibility, authority, honesty, legality, reality, right, validity
LEGITIMACY. The state of being born in wedlock; that is, in a lawful manner.
2. Marriage is considered by all civilized nations as the only source of legitimacy; the qualities of husband and wife must be possessed by the parents in order to make the offspring legitimate; and furthermore the marriage must be lawful, for if it is void ab initio, the children who may be the offspring of such marriage are not legitimate. 1 Phil. Ev. Index, h.t.; Civ. Code L. art. 203 to 216.
3. In Virginia, it is provided by statute of 1787, "that the issue of marriages deemed null in law, shall nevertheless be legitimate." 3 Hen. & Munf. 228, n.
4. A conclusive, presumption of legitimacy arises from marriage and cohabitation; and proof of the mother's irregularities will not destroy this presumption: pater est quem nuptiae demonstrant. To rebut this presumption, circumstances must be shown which render it impossible that the husband should be the father, as impotency and the like. 3 Bouv. Inst. n. 300-2. Vide Bastard; Bastardy; Paternity; Pregnancy.