Also known as: illegitimacy status · illegitimacy · bastardy
Written by attorneys · grounded in primary & secondary sources — see below
A classification of children born outside marriage that subjects state-imposed disabilities to intermediate scrutiny under the Equal Protection Clause. The classification must be substantially related to an important governmental objective and may not penalize the child for the parents' conduct.
Samuel Soto's nonmarital daughter seeks child support seven years after birth. State law requires suits on behalf of nonmarital children to be filed within six years while permitting marital children to seek support indefinitely. The court applies intermediate scrutiny and invalidates the deadline because it is not substantially related to preventing stale claims.
Stella Shapiro's nonmarital son is denied any share of his father's intestate estate under a statute that bars all nonmarital children from paternal inheritance. The son proves paternity through undisputed DNA evidence. The court holds the absolute bar unconstitutional because it penalizes the child for the parents' marital choices without a substantial relation to probate administration.
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Sophia Singh lives with her nonmarital child and two cousins in a single-family zone that defines family by marriage or blood only. The city evicts the household for exceeding the limit. The court examines whether the status of illegitimacy can justify excluding the child from the household definition under equal protection.
Selena Singh, a nonmarital minor, seeks an abortion without parental consent under a statute requiring notice to both parents. The state defends the rule as protecting family integrity. The court considers whether the status of illegitimacy alters the constitutional analysis of parental-notification requirements under equal protection.
Stephen Shaw's nonmarital child is refused enrollment in public school because the mother cannot produce a marriage certificate. The district claims the rule prevents fraud in residency determinations. The court evaluates whether the status of illegitimacy can support exclusion from education under equal protection.
Sarah Sullivan, a nonmarital adult, challenges her confession on the ground that police exploited her status as an illegitimate child to obtain a waiver. The state argues the status is irrelevant to Miranda compliance. The court assesses whether the status of illegitimacy affects the totality-of-circumstances test for voluntariness under equal protection.
Intermediate scrutiny applies. The state must show that the classification is substantially related to an important governmental objective.
No. An absolute bar violates equal protection because it punishes children for their parents' conduct and is not substantially related to any important state interest.
No. The period fails because it is not shown to be substantially related to preventing stale or fraudulent claims when marital children face no deadline.
…not lead it to repeat the process at will. The Judiciary, including this Court, is the most vulnerable and comes nearest to illegitimacy when it deals with judge-made constitutional law having little or no cognizable roots in the language or even the design of the Constitution. Realizing that the present construction of the…