Also known as: child born out of wedlock · children born outside wedlock · child born outside wedlock · illegitimate children · nonmarital children
Written by attorneys · grounded in primary & secondary sources — see below
A person born to parents who are not married to each other at the time of birth. Such a child receives equal protection against punitive classifications that lack a substantial relationship to an important governmental objective and qualifies as a descendant for intestate succession and class-gift purposes once parentage is established under applicable rules.
Cade Carpenter died leaving a nonmarital son whose mother filed a support action seven years after birth. The state statute barred suits after six years for nonmarital children but imposed no deadline for marital children. The court applied intermediate scrutiny and struck down the limit because the state offered no evidence that six years prevented stale or fraudulent claims.
Cassandra Cooper's father died intestate survived by his marital daughter and his nonmarital daughter whom he had never formally acknowledged. The state statute barred all nonmarital children from inheriting. The court invalidated the statute because the absolute exclusion penalized the child for parental conduct and lacked a substantial relationship to any important state interest.
Select any source to read its text and confirm it supports the definition.
Catherine Carter sought to inherit from her deceased father under a statute requiring a court adjudication or written acknowledgment of paternity during the father's lifetime. She offered only post-death DNA evidence. The court upheld the statute because the lifetime-establishment rule substantially advanced the state's interest in orderly estate administration without creating an irrebuttable presumption against all nonmarital children.
Caleb Chang claimed paternity of a child born to a married woman during her marriage to another man. The state statute created an irrebuttable presumption that the husband was the father. The court upheld the presumption because it protected the integrity of the marital family unit and the child's established relationship with the marital father.
Clifford Cox died before his nonmarital twins were born through assisted reproduction. The Social Security Administration denied survivor benefits because state intestacy law required a court order of paternity before death. The court held that the twins qualified once state law treated them as the decedent's children for inheritance purposes.
Craig Caldwell sought to inherit from his father under a statute that barred nonmarital children from taking any share of the father's estate. The court upheld the statute because at the time the classification was viewed as rationally related to encouraging legitimate family formation and simplifying probate administration.
Classifications based on illegitimacy receive intermediate scrutiny and must be substantially related to an important governmental objective.
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No. An absolute bar violates equal protection because it punishes the child for parental conduct and lacks a substantial relationship to any important state interest.
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A nonmarital child qualifies once parentage is properly established under state law, after which the child inherits on the same basis as marital children.
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Yes. A lifetime-establishment requirement is substantially related to the important interest in orderly and efficient estate administration.
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A nonmarital child is presumptively treated as a child of the genetic parent unless the language or circumstances establish a contrary intention.
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…of Justice Powell At issue in this case is the constitutionality of § 12 of the Illinois Probate Act[^maj-1] which allows illegitimate children to inherit by intestate succession only from their mothers. Under Illinois law, legitimate children are allowed to inherit by intestate succession from both their mothers and their…