Also known as: born outside wedlock · birth out of wedlock · illegitimate child · nonmarital child · extramarital birth
Written by attorneys · grounded in primary & secondary sources — see below
A child whose parents were not married to each other at the time of the child's birth.
Brendan Burns lived with his partner and their son for six years and served as the child's primary daytime caregiver. After the mother died in a car accident the state agency placed the boy in foster care without any hearing. Brendan sued claiming a protected liberty interest in his relationship with the child.
Beatrice Brown executed a will leaving the residue of her estate in trust for her daughter Lena for life with remainder to Lena's children. Lena had raised her son born out of wedlock as a single parent before later marrying. The trustee distributed a share to that son under the class gift.
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Brian Bailey died without a will survived by his adult son born out of wedlock. The son offered DNA evidence proving paternity but no court order or acknowledgment had been filed during Brian's lifetime. The probate court denied the son's claim under the state statute.
Blake Butler a U.S. citizen fathered a child born out of wedlock in another country. He provided financial support until the child turned eighteen and formally acknowledged paternity before that birthday. The child obtained U.S. citizenship at birth under the applicable statute.
Brenda Booth a U.S. citizen gave birth to a child born out of wedlock abroad. The child acquired citizenship because the mother had resided in the United States for the required period before the birth. No additional acknowledgment or support obligation applied.
Bharat Bhatia and his wife entered a surrogacy agreement that produced a child. After birth the surrogate relinquished her rights and the intended parents obtained a judgment establishing their parentage. The child was treated as born to the married couple rather than out of wedlock.
A state may condition a nonmarital child's intestate inheritance on establishment of paternity during the father's lifetime. The requirement is substantially related to the important interest in orderly and fraud-free estate administration.
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An unmarried father who has formed a family unit and assumed day-to-day caregiving responsibilities holds a protected liberty interest. The state cannot remove the child upon the mother's death without notice and an opportunity to be heard.
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Unless the will or surrounding circumstances show a contrary intent a nonmarital child is included in a class gift to the genetic parent's children. The genetic parent's functioning as a parent before majority satisfies the default rule of inclusion.
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The father must agree to provide financial support until the child reaches eighteen and must acknowledge paternity by one of three statutory methods before that age. No parallel requirements apply when the mother is the citizen parent.
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…apply to a child born abroad and out of wedlock to an American mother and a non-American father. §1409(c). Petitioner Nguyen was born out of wedlock in Vietnam to a Vietnamese mother and an American father. He was admitted to the United States as a lawful permanent resident when he was six. At age 22 he was convicted of two felonies and…