Also known as:mulierity · legitimacy · mulier status
Written by attorneys · grounded in primary & secondary sources — see below
The status of legitimacy for a child as opposed to the status of a bastard.
Sources & Authorities· 5 primary sources
Select any source to read its text and confirm it supports the definition.
Federal Rules
Model Codes
Restatements
How it applies
Common Examples
6
Declarant Statement on Child Status
Meredith Maxwell testifies in a probate dispute that her late aunt once stated her son Michael was born during a valid marriage. The court admits the statement under the hearsay exception for personal or family history even though the aunt lacked personal knowledge of the birth details. The admission establishes mulierty and allows Michael to inherit as a legitimate heir.
Church Record of Birth
Melanie Morris offers a baptismal entry from her family's church showing her parents' marriage date and her own birth two years later. The record is admitted as a regularly kept religious document to prove the facts of marriage and birth. The entry confirms mulierty and resolves a challenge to her inheritance rights.
Maria Morales presents testimony from longtime neighbors that everyone in the local business community regarded her as the legitimate daughter of the deceased founder. The reputation evidence is admitted because it concerns ancestry and legitimacy within the relevant associate group. The testimony establishes mulierty and supports her claim to corporate shares.
Legitimacy in Online Speech Context
Madison Meyers seeks to prove her child's mulierty to qualify for survivor benefits after the father's death. She relies on family reputation statements admitted under hearsay exceptions in a proceeding that also involves records of the relationship.
Reno v. American Civil Liberties Union521 U.S. 844 (1997)
University Funding and Family Status
Melissa Mills challenges a university's denial of benefits tied to her child's mulierty. Community reputation evidence concerning the parents' marriage is offered to establish legitimacy and thereby qualify the child for the disputed funding program.
Rosenberger v. Rector and Visitors of the University of Virginia515 U.S. 819 (1995)
Private Conduct and Child Status
Michael Miller offers reputation testimony from associates to prove his child's mulierty in a dispute over parental rights. The evidence is admitted under family-history exceptions even though the underlying relationship involved private conduct.
Lawrence v. Texas539 U.S. 558 (2003)
Common questions
Frequently Asked
1
How does mulierty differ from modern legitimacy concepts?+
Mulierty is the historical term for the condition of a legitimate child as opposed to a bastard. Modern usage focuses on the legal incidents of legitimacy rather than the label itself.
576 U.S. 644 (2015)Legislation and Regulation
…has taken the drastic step of requiring every State to license and recognize marriages between same-sex couples. IV The legitimacy of this Court ultimately rests “upon the respect accorded to its judgments.” Republican Party of Minn. v. White , 536 U.S. 765, 793 (2002) (Kennedy, J., concurring). That respect flows…