LEGITIMACY [Cap.77

Total Page:16

File Type:pdf, Size:1020Kb

LEGITIMACY [Cap.77 LEGITIMACY [Cap.77 CHAPTER 77 LEGITIMACY Act AN ACT TO CHANGE THE LAW RELATING TO THE LEGITIMIZATION OF CERTAIN No. 3 of 1970. ILLEGITIMATE CHILDREN. [21st January. 1970.} Short title. 1. This Act may be cited as the Provided, however, that where at any Legitimacy Act. time before the date of the commencement of this Act any rights of any description This Act 2. (1) This Act shall not apply to— whatsoever did not vest in the child of any not to apply marriage, but did in fact vest in any other to certain marriages. (a) a marriage between persons person, by reason only of the fact that such professing Islam; or child, having been procreated in adultery, was the illegitimate child of the parties, the (b) a marriage, under the Kandyan subsequent legitimization of such child, by Marriage and Divorce Act, between virtue of the operation of the preceding persons subject to Kandyan law. provisions of this section, shall not be deemed or construed— (2) For the purposes of this Act, the expression " a valid marriage to which this Act applies " does not include a marriage (a) to. have prejudiced or affected, or to referred to in subsection (1). prejudice or affect, in any manner, .•a . or to any extent, whatsoever the Legitimization 3. A valid marriage to which this Act rights so vested, or such other of illegitimate applies shall be deemed at all times, whether person's claim or title to such children. before or on or aft»r the date of the rights; and commencement of this Act, to have rendered, and to render, legitimate any child procreated by the parties prior to such (b) to have conferred, or to confer, on marriage, whether or not such child was so such child any claim or title to such procreated in adultery: rights. IV/63.
Recommended publications
  • Marriage Outlaws: Regulating Polygamy in America
    Faucon_jci (Do Not Delete) 1/6/2015 3:10 PM Marriage Outlaws: Regulating Polygamy in America CASEY E. FAUCON* Polygamist families in America live as outlaws on the margins of society. While the insular groups living in and around Utah are recognized by mainstream society, Muslim polygamists (including African‐American polygamists) living primarily along the East Coast are much less familiar. Despite the positive social justifications that support polygamous marriage recognition, the practice remains taboo in the eyes of the law. Second and third polygamous wives are left without any legal recognition or protection. Some legal scholars argue that states should recognize and regulate polygamous marriage, specifically by borrowing from business entity models to draft default rules that strive for equal bargaining power and contract‐based, negotiated rights. Any regulatory proposal, however, must both fashion rules that are applicable to an American legal system, and attract religious polygamists to regulation by focusing on the religious impetus and social concerns behind polygamous marriage practices. This Article sets out a substantive and procedural process to regulate religious polygamous marriages. This proposal addresses concerns about equality and also reflects the religious and as‐practiced realities of polygamy in the United States. INTRODUCTION Up to 150,000 polygamists live in the United States as outlaws on the margins of society.1 Although every state prohibits and criminalizes polygamy,2 Copyright © 2014 by Casey E. Faucon. * Casey E. Faucon is the 2013‐2015 William H. Hastie Fellow at the University of Wisconsin Law School. J.D./D.C.L., LSU Paul M. Hebert School of Law.
    [Show full text]
  • Incest Statutes
    Statutory Compilation Regarding Incest Statutes March 2013 Scope This document is a comprehensive compilation of incest statutes from U.S. state, territorial, and the federal jurisdictions. It is up-to-date as of March 2013. For further assistance, consult the National District Attorneys Association’s National Center for Prosecution of Child Abuse at 703.549.9222, or via the free online prosecution assistance service http://www.ndaa.org/ta_form.php. *The statutes in this compilation are current as of March 2013. Please be advised that these statutes are subject to change in forthcoming legislation and Shepardizing is recommended. 1 National Center for Prosecution of Child Abuse National District Attorneys Association Table of Contents ALABAMA .................................................................................................................................................................. 8 ALA. CODE § 13A-13-3 (2013). INCEST .................................................................................................................... 8 ALA. CODE § 30-1-3 (2013). LEGITIMACY OF ISSUE OF INCESTUOUS MARRIAGES ...................................................... 8 ALASKA ...................................................................................................................................................................... 8 ALASKA STAT. § 11.41.450 (2013). INCEST .............................................................................................................. 8 ALASKA R. EVID. RULE 505 (2013)
    [Show full text]
  • Susan Blackburn and Sharon Bessell
    M arriageable Ag e : Political Debates on Early Marriage in Twentieth- C entury Indonesia Susan Blackburn and Sharon Bessell The purpose of this article is to show how the age of marriage, especially for girls, became a political issue in twentieth century Indonesia, and to investigate the changing intensity, focus, and participation in the debate over the issue. Compared with India, the incidence of very early marriage among Indonesian girls appears never to have been exceptionally high, yet among those trying to "modernize" Indonesia the fact that parents married off their daughters at or before the onset of puberty was considered a "social evil." Social reformers differed as to the reasons for their concern and as to what action should be taken and by whom. In particular there were strong disagreements about whether government intervention was either desirable or effective in raising the age of marriage. The age at which it is appropriate for girls to marry has been a contentious matter in many countries in recent centuries. In societies where marriage was considered to be the prerogative of families, the children themselves were rarely consulted and the age of marriage, or at least of betrothal, was likely to be quite young, before children could exert their own will. Although physical readiness for sexual intercourse and child­ bearing was a consideration, this was a matter to be supervised by adult kin, and the wedding could, if necessary, be timed so that it occurred separately from the consummation of marriage. Apart from families, the only other institutions directly concerned with marriage were likely to be religious ones.
    [Show full text]
  • Revisiting the Presumption of Legitimacy in the Same-Sex Couples Era
    ARTICLES PRESUMING WOMEN: REVISITING THE PRESUMPTION OF LEGITIMACY IN THE SAME-SEX COUPLES ERA ∗ SUSAN FRELICH APPLETON INTRODUCTION ............................................................................................... 228 I. TRACING THE PRESUMPTION’S TRAJECTORY IN TRADITIONAL CASES .................................................................................................. 232 II. PRESUMING WOMEN: LESBIAN COUPLES............................................ 237 A. A Gendered Rule in an Increasingly Gender-Neutral Regime .... 237 B. Extending the Presumption.......................................................... 240 C. Revisiting the Presumption’s Objectives and Policies in This New Context ................................................................................ 242 1. Child Welfare ........................................................................ 243 2. Public Funds.......................................................................... 246 3. Public Norms: The Model Family......................................... 248 4. Patriarchy and Husbands’ Vanity.......................................... 251 a. “Biological Reality” Versus Appearances...................... 251 b. Ownership of Children .................................................... 255 III. THE PROBLEM CHILD: GAY MALE COUPLES....................................... 260 A. Extending the Presumption to Men: Ignoring Gestation or Recognizing Three Legal Parents................................................ 262 B. A Limited Extension: Presuming
    [Show full text]
  • The Effect of Joint Custody on Marriage and Divorce
    The Effect of Joint Custody on Family Outcomes Martin Halla∗ University of Linz & IZA forthcoming in: Journal of the European Economic Association (Last update: 2011/04/19) Abstract Since the 1970s almost all US states have introduced a form of joint custody after divorce. I analyze the causal effect of these custody law reforms on different family outcomes. My identification strategy exploits the different timing of reforms across the US states. Esti- mations based on state panel data suggest that the introduction of joint custody led to an increase in marriage rates, an increase in overall fertility (including a shift from non-marital to marital fertility), and an increase in divorce rates for older couples. Accordingly, female labor market participation decreased. Further, male suicide rates and domestic violence fell in treated states. The empirical evidence is consistent with the hypothesis that joint custody increased the relative bargaining power of men within marriage. JEL Classification: J12, J13, J18, K36, D13, N32, R2. Keywords: Joint custody, marriage, divorce, fertility, marriage-specific investment, suicide. ∗Address for correspondence: Johannes Kepler University of Linz, Department of Economics, Altenberger- str. 69, 4040 Linz, Austria, phone: +43 70 2468 8706, fax: +43 70 2468 28706, email: [email protected]. For very helpful comments I would like to thank four anonymous referees and the Editor Stefano DellaVigna. The paper has also benefited from comments and discussions with Joshua Angrist, René Böheim, David Card, Steven
    [Show full text]
  • A Partial Solution to Legitimacy Problems Arising from the Use of Artificial Insemination
    Indiana Law Journal Volume 35 Issue 2 Article 2 Winter 1960 A Partial Solution to Legitimacy Problems Arising from the Use of Artificial Insemination Andrew D. Weinberger Member, New York Bar Follow this and additional works at: https://www.repository.law.indiana.edu/ilj Part of the Family Law Commons, and the Medical Jurisprudence Commons Recommended Citation Weinberger, Andrew D. (1960) "A Partial Solution to Legitimacy Problems Arising from the Use of Artificial Insemination," Indiana Law Journal: Vol. 35 : Iss. 2 , Article 2. Available at: https://www.repository.law.indiana.edu/ilj/vol35/iss2/2 This Article is brought to you for free and open access by the Law School Journals at Digital Repository @ Maurer Law. It has been accepted for inclusion in Indiana Law Journal by an authorized editor of Digital Repository @ Maurer Law. For more information, please contact [email protected]. A PARTIAL SOLUTION TO LEGITIMACY PROBLEMS ARISING FROM THE USE OF ARTIFICIAL INSEMINATION* ANDREW D. WEINBERGERt GENERAL BACKGROUND One out of ten married couples in the United States cannot have children in the usual manner.' Many of these two million families2 would like to adopt children, but the privilege is available only to a se- lected few. In 40 per cent of the reported cases of infertility, the fault is the husband's sterility.3 In the United States, some 100,000 families, it is estimated, have had children through the medical procedure of artificial insemination (AI). While there have been no definitive surveys, it is estimated that in from 33-1/3 per cent to 66-2/3 per cent of the at- tempted procedures, the semen used is that of the husband (AIH) .
    [Show full text]
  • Legitimation: the Liberal Judicial Trend in California Naomi G
    Hastings Law Journal Volume 19 | Issue 1 Article 10 1-1967 Legitimation: The Liberal Judicial Trend in California Naomi G. Litvin Follow this and additional works at: https://repository.uchastings.edu/hastings_law_journal Part of the Law Commons Recommended Citation Naomi G. Litvin, Legitimation: The Liberal Judicial Trend in California, 19 Hastings L.J. 232 (1967). Available at: https://repository.uchastings.edu/hastings_law_journal/vol19/iss1/10 This Note is brought to you for free and open access by the Law Journals at UC Hastings Scholarship Repository. It has been accepted for inclusion in Hastings Law Journal by an authorized editor of UC Hastings Scholarship Repository. THE HASTINGS LIAW JOURNAL [Vol 19 LEGITIMATION: THE LIBERAL JUDICIAL TREND IN CALIFORNIA Legitimation "is a legislatively established process whereby once the father fulfills certain statutory conditions, the bastard's legal status becomes that of a child born in wedlock."' In California, al- though an illegitimate child inherits from and through his mother as if he were legitimate,2 before he can inherit from and through his father either his parents must intermarry 3 or he must be legitimated according to section 230 of the Civil Code.4 In addition, an illegiti- mate child may inherit from his father without intermarriage of his parents if his father acknowledges him in writing according to one of the provisions of section 255 of the Probate Code,5 but this is a limited succession provision which only enables the bastard to inherit from but not through his father.6 Society has gradually become more aware of the plight of the illegitimate and today, in California, the courts are gradually stretch- ing the protective cloak of section 230 of the Civil Code to cover more and more bastards from the bare status of the illegitimate.
    [Show full text]
  • Civil Unions
    2011 STATE OF WYOMING 11LSO-0460 HOUSE BILL NO. HB0150 Civil unions. Sponsored by: Representative(s) Connolly, Childers, Wallis and Zwonitzer, Dn. and Senator(s) Von Flatern A BILL for 1 AN ACT relating to domestic relations; establishing civil 2 unions and related rights and responsibilities; specifying 3 limits on civil unions; requiring licenses; defining 4 persons who can solemnize civil unions and perform 5 ceremonies; requiring the issuance of certificates; 6 defining offenses and penalties; providing for the 7 recognition of foreign civil unions; establishing the 8 presumed legitimacy of children of civil unions; amending 9 paternity presumptions; providing for dissolution or 10 affirmation of civil unions; defining the applicability of 11 other law; amending bigamy statutes; prohibiting multiple 12 civil unions; providing penalties; and providing for an 13 effective date. 14 15 Be It Enacted by the Legislature of the State of Wyoming: 16 1 HB0150 2011 STATE OF WYOMING 11LSO-0460 1 Section 1. W.S. 6-4-407 and 20-8-101 through 20-8-113 2 are created to read: 3 4 6-4-407. Multiple civil unions; penalties; defense. 5 6 (a) A person who is a party to a civil union, and who 7 knows that the other party to the civil union is alive, is 8 guilty of a felony punishable by imprisonment for not more 9 than five (5) years, a fine of not more than five thousand 10 dollars ($5,000.00), or both, if he enters into another 11 civil union or marries. 12 13 (b) It is a defense that the accused person 14 reasonably believed that he was eligible to enter into a 15 new civil union or marriage.
    [Show full text]
  • At a Term of the Family Court of the State of New York, Held in and for the City of New York, County of Kings, 330 Jay Street, Brooklyn, New York on October 6, 2016
    At a term of the Family Court of the State of New York, held in and for the City of New York, County of Kings, 330 Jay Street, Brooklyn, New York on October 6, 2016. PRESENT: Hon. Richard Ross Judicial Hearing Officer --------------------------------------------------------X A-11966/15 A-29746/15 A-29747/15 A-29857/15 A-704/16 A-3706/16 Matter of L., et.al. DECISION -------------------------------------------------------- --X Richard Ross, Judicial Hearing Officer: 1 These six private placement adoption proceedings raise the question of whether a person has standing to adopt a child in New York State who is already a legal parent of the child in New York State but whose legal parentage is not expressly recognized in all jurisdictions within the United States and abroad. In order to harmonize the non-uniform, unsettled state of family law regarding the definition of legal parentage in the United States and elsewhere with New York’s emphatic legal mandate to promote the best interests of children, this Court answers in the affirmative. 1Judicial Hearing Officers are former New York State judges who preside over cases with full judicial authority to hear and determine proceedings pursuant to an Order of Reference and the consent of litigants. An Order of Reference for each of these proceedings was made to this Judicial Hearing Officer by the Supervising Judge of Kings County Family Court (Hon. Amanda White, JFC). All of the petitioners consented to the Judicial Hearing Officer hearing and determining the proceedings. Rules of the Chief Administrative Judge, Part 122; Judiciary Law 853; CPLR 4301, 4311.
    [Show full text]
  • The Rights of Presumed (Putative) Fathers: Summary of State Laws
    STATE STATUTES Current Through October 2007 The Rights of Presumed (Putative) Fathers: Summary of State Laws Electronic copies of this publication may be downloaded at www.childwelfare.gov/systemwide/ The number of nonmarital births in recent decades laws_policies/statutes/putative.cfm has led to an increased focus on the fathers of To find statute information for a these children. Many of these alleged (or reputed particular State, go to or putative) fathers of nonmarital children seek www.childwelfare.gov/systemwide/ recognition of their legal rights and expanded roles laws_policies/state/index.cfm in the upbringing of their children. To find information on all the States and territories, order a copy of the full-length PDF by calling Constitutional Rights 800.394.3366 or 703.385.7565, or download it at Historically, putative fathers have had fewer rights www.childwelfare.gov/systemwide/ with regard to their children than either unwed laws_policies/statutes/putativeall.pdf mothers or married parents. Over the past several decades, putative fathers have used the Fourteenth Amendment to challenge the termination of their Child Welfare Information Gateway Children’s Bureau/ACYF U.S. Department of Health and Human Services 1250 Maryland Avenue, SW Administration for Children and Families Eighth Floor Washington, DC 20024 Administration on Children, Youth and Families 703.385.7565 or 800.394.3366 Children’s Bureau Email: [email protected] www.childwelfare.gov The Rights of Presumed (Putative) Fathers: Summary of State Laws www.childwelfare.gov parental rights when the birth mothers relinquish their children for adoption. Nevertheless, States have almost complete discretion to determine the rights of a putative father at termination of parental rights or adoption proceedings.
    [Show full text]
  • Why the Presumption of Legitimacy Should Be Abandoned in Vermont
    WHO’S YOUR DADDY?: WHY THE PRESUMPTION OF LEGITIMACY SHOULD BE ABANDONED IN VERMONT INTRODUCTION Procedure by presumption is always cheaper and easier than individualized determination. But when . the procedure forecloses the determinative issues of competence and care, when it explicitly disdains present realities in deference to past formalities, it needlessly risks running roughshod over the important interests of both parent and child.1 The presumption of legitimacy is often referred to as one of the oldest rules of law.2 Under the presumption, the law presumes a child to be legitimate if he or she is born during a lawful marriage.3 Courts generally apply the presumption of legitimacy in civil cases, in particular, paternity disputes.4 Courts use “three principal ways to establish paternity: 1) conclusive legal presumption of paternity, 2) admission or acknowledgement of paternity by the father . or 3) by adjudication of paternity in a judicial proceeding.”5 The first method used by courts to decide paternity is the presumption of legitimacy. The presumption of legitimacy has been used by courts in states like Vermont, Pennsylvania, and California to decide the paternity of a child.6 Courts created the presumption of legitimacy at a time when the only way to prove paternity was through circumstantial and testimonial evidence.7 At that time, marriage was thought to be the most efficient and 1. Stanley v. Illinois, 405 U.S. 645, 656–57 (1971). 2. LYNN D. WARDLE & LAURENCE C. NOLAN, FUNDAMENTAL PRINCIPLES OF FAMILY LAW 257 (2002). 3. BURR W. JONES, THE LAW OF EVIDENCE IN CIVIL CASES 119–20 & 119–20 n.14 (3d ed.
    [Show full text]
  • Identifying Stigma in the Civil Union/Marriage Distinction Commentary
    University of Connecticut OpenCommons@UConn Connecticut Law Review School of Law 2009 Name Calling: Identifying Stigma in the Civil Union/Marriage Distinction Commentary Marc R. Poirier Follow this and additional works at: https://opencommons.uconn.edu/law_review Recommended Citation Poirier, Marc R., "Name Calling: Identifying Stigma in the Civil Union/Marriage Distinction Commentary" (2009). Connecticut Law Review. 33. https://opencommons.uconn.edu/law_review/33 CONNECTICUT LAW REVIEW VOLUME 41 JULY 2009 NUMBER 5 Article Name Calling: Identifying Stigma in the “Civil Union”/“Marriage” Distinction MARC R. POIRIER The Connecticut marriage equality case, Kerrigan v. Comm’r of Public Health, turns on a threshold determination that the state legislature’s distinction between “civil union” and “marriage” creates a cognizable injury of constitutional dimension. The court’s short explanation of its conclusion hinges on two social facts. First, “marriage” names a long-standing, complex, and revered social institution, while “civil union” is a new name with virtually no history. Second, the “civil union”/“marriage” distinction is framed against a historical background of stereotyping, prejudice, and discrimination against gay men and lesbians. The court’s explanation, while accurate, is all too brief. This Article elaborates some aspects of everyday naming practices involving social identity and kinship, in order to assist us in understanding the injury that comes from mandating two distinct names for the core family relationship. It considers (1) the problem of family identity underlying Juliet’s “What’s in a name” soliloquy in William Shakespeare’s play Romeo and Juliet; (2) Louis Althusser’s concept of interpellation; (3) the feminist critique of language and names, focusing in particular on the “Miss”/“Mrs.”/“Ms.” controversy; and (4) the way in which concrete, diffuse, everyday social practices of naming and recognition are multiscalar, and interact with larger legal and social structures around recognition, dominance, and subordination.
    [Show full text]