1. Lawfulness.

2. The status of a person who is born within a lawful marriage or who acquires that status by later action of the parents; legal kinship between a child and its parent or parents. Cf. ILLEGITIMACY. [Cases: Children Out-of-Wedlock

1. C.J.S. Children Out-of-Wedlock ¡ì¡ì 2¨C11.]

¡°In this age of equality, the question might fairly be asked whether a discussion of child support should even be concerned about ¡®legitimacy¡¯ and ¡®illegitimacy.¡¯ The answer is ¡®yes,¡¯ for several reasons. Most rules regarding child support were fashioned at a time when legitimacy was the precondition to full support entitlement and illegitimate paternity had only limited legal consequences. True, by U.S. Supreme Court doctrine, distinctions between ¡®legitimate¡¯ and ¡®illegitimate¡¯ children should no longer be maintainable, but many state statutes have not yet been adapted to this view. Distinctions on the basis of legitimacy, however unconstitutional, continue to be made.¡± Harry D. Krause, Child Support in America 103 (1981).

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