Legitimacy, in traditional Western
common law
Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on prece ...
, is the status of a child born to parents who are legally
married to each other, and of a child
conceived before the parents obtain a legal
divorce
Divorce (also known as dissolution of marriage) is the process of terminating a marriage or marital union. Divorce usually entails the canceling or reorganising of the legal duties and responsibilities of marriage, thus dissolving the M ...
.
Conversely, ''illegitimacy'', also known as ''bastardy'', has been the status of a child born outside marriage, such a child being known as a bastard, a love child, a natural child, or illegitimate. In
Scots law
Scots law () is the List of country legal systems, legal system of Scotland. It is a hybrid or mixed legal system containing Civil law (legal system), civil law and common law elements, that traces its roots to a number of different histori ...
, the terms natural son and natural daughter carry the same implications.
The importance of legitimacy has decreased substantially in Western countries since the
sexual revolution
The sexual revolution, also known as the sexual liberation, was a social movement that challenged traditional codes of behavior related to sexuality and interpersonal relationships throughout the Western world from the late 1950s to the early 1 ...
of the 1960s and 1970s and the declining influence of
Christian
A Christian () is a person who follows or adheres to Christianity, a Monotheism, monotheistic Abrahamic religion based on the life and teachings of Jesus in Christianity, Jesus Christ. Christians form the largest religious community in the wo ...
churches in family and social life.
A 2009 report from the
Centers for Disease Control and Prevention
The Centers for Disease Control and Prevention (CDC) is the National public health institutes, national public health agency of the United States. It is a Federal agencies of the United States, United States federal agency under the United S ...
indicated that in 2007 a substantial proportion of births in Western countries occurred outside marriage.
Law
England
England is a Countries of the United Kingdom, country that is part of the United Kingdom. It is located on the island of Great Britain, of which it covers about 62%, and List of islands of England, more than 100 smaller adjacent islands. It ...
's
Statute of Merton (1235) stated, regarding illegitimacy: "He is a bastard that is born before the marriage of his parents." This definition also applied to situations when a child's parents could not marry, as when one or both were already married or when the relationship was incestuous.
The
Poor Act 1575 formed the basis of English bastardy law. Its purpose was to punish a bastard child's mother and putative father, and to relieve the parish from the cost of supporting mother and child. "By an act of 1576 (
18 Elizabeth C. 3), it was ordered that bastards should be supported by their putative fathers, though bastardy orders in the quarter sessions date from before this date. If the genitor could be found, then he was put under very great pressure to accept responsibility and to maintain the child."
Under
English law
English law is the common law list of national legal systems, legal system of England and Wales, comprising mainly English criminal law, criminal law and Civil law (common law), civil law, each branch having its own Courts of England and Wales, ...
, a bastard could not
inherit real property
In English common law, real property, real estate, immovable property or, solely in the US and Canada, realty, refers to parcels of land and any associated structures which are the property of a person. For a structure (also called an Land i ...
and could not be legitimized by the subsequent marriage of father to mother. There was one exception: when his father subsequently married his mother, and an older illegitimate son (a "bastard eignè") took possession of his father's lands after his death, he would pass the land on to his own heirs on his death, as if his possession of the land had been retroactively converted into true ownership. A younger non-bastard brother (a "mulier puisnè") would have no claim to the land.
There were many "natural children" of
Scotland
Scotland is a Countries of the United Kingdom, country that is part of the United Kingdom. It contains nearly one-third of the United Kingdom's land area, consisting of the northern part of the island of Great Britain and more than 790 adjac ...
's monarchy granted positions which founded prominent families. In the 14th century,
Robert II of Scotland gifted one of his illegitimate sons estates in
Bute, founding the
Stewarts of Bute, and similarly a natural son of
Robert III of Scotland was ancestral to the
Shaw Stewarts of Greenock.
In
Scots law
Scots law () is the List of country legal systems, legal system of Scotland. It is a hybrid or mixed legal system containing Civil law (legal system), civil law and common law elements, that traces its roots to a number of different histori ...
an illegitimate child, a "natural son" or "natural daughter", would be legitimated by the subsequent marriage of his parents, provided they had been free to marry at the date of the conception.
The Legitimation (Scotland) Act 1968 extended legitimation by the subsequent marriage of the parents to children conceived when their parents were not free to marry, but this was repealed in 2006 by the amendment of section 1 of the Law Reform (Parent and Child) (Scotland) Act 1986 (as amended in 2006) which abolished the status of illegitimacy stating that "(1) No person whose status is governed by Scots law shall be illegitimate ...".
The
Legitimacy Act 1926
The Legitimacy Act 1926 ( 16 & 17 Geo. 5. c. 60) is an act of the Parliament of the United Kingdom. The purpose of the Legitimacy Act 1926 was to amend the law relating to children born out of wedlock.
Act
The fundamental principle of the Legi ...
of England and Wales legitimised the birth of a child if the parents subsequently married each other, provided that they had not been married to someone else in the meantime. The
Legitimacy Act 1959
The Legitimacy Act 1959 ( 7 & 8 Eliz. 2. c. 73) was an Act of the Parliament of the United Kingdom
The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body of the United Kingdom, and may als ...
extended the legitimisation even if the parents had married others in the meantime and applied it to
putative marriage
A putative marriage is an apparently valid marriage, entered into in good faith on the part of at least one of the partners, but that is legally invalid due to a technical impediment, such as a preexistent marriage on the part of one of the partn ...
s which the parents incorrectly believed were valid. Neither the 1926 nor 1959 Acts changed the laws of
succession to the British throne
Succession to the British throne is determined by descent, sex, legitimacy, and religion. Under common law, the Crown is inherited by a sovereign's children or by a childless sovereign's nearest Collateral descendant, collateral line. The Bil ...
and succession to
peerage
A peerage is a legal system historically comprising various hereditary titles (and sometimes Life peer, non-hereditary titles) in a number of countries, and composed of assorted Imperial, royal and noble ranks, noble ranks.
Peerages include:
A ...
and baronetcy titles. In Scotland children legitimated by the subsequent marriage of their parents have always been entitled to succeed to peerages and baronetcies and the Legitimation (Scotland) Act 1968 extended this right to children conceived when their parents were not free to marry. The Family Law Reform Act 1969 (c. 46) allowed a bastard to inherit on the
intestacy
Intestacy is the condition of the estate of a person who dies without a legally valid will, resulting in the distribution of their estate under statutory intestacy laws rather than by their expressed wishes. Alternatively this may also apply ...
of his parents. In
canon and in
civil law, the offspring of putative marriages have also been considered legitimate.
Since December 2003 in
England and Wales
England and Wales () is one of the Law of the United Kingdom#Legal jurisdictions, three legal jurisdictions of the United Kingdom. It covers the constituent countries England and Wales and was formed by the Laws in Wales Acts 1535 and 1542. Th ...
, April 2002 in
Northern Ireland
Northern Ireland ( ; ) is a Countries of the United Kingdom, part of the United Kingdom in the north-east of the island of Ireland. It has been #Descriptions, variously described as a country, province or region. Northern Ireland shares Repub ...
and May 2006 in
Scotland
Scotland is a Countries of the United Kingdom, country that is part of the United Kingdom. It contains nearly one-third of the United Kingdom's land area, consisting of the northern part of the island of Great Britain and more than 790 adjac ...
, an unmarried father has
parental responsibility if he is listed on the
birth certificate.
In the United States, in the early 1970s a series of
Supreme Court
In most legal jurisdictions, a supreme court, also known as a court of last resort, apex court, high (or final) court of appeal, and court of final appeal, is the highest court within the hierarchy of courts. Broadly speaking, the decisions of ...
decisions held that most common-law disabilities imposed upon illegitimacy were invalid as violations of the
Equal Protection Clause
The Equal Protection Clause is part of the first section of the Fourteenth Amendment to the United States Constitution. The clause, which took effect in 1868, provides "nor shall any State... deny to any person within its jurisdiction the equal pr ...
of the
Fourteenth Amendment to the United States Constitution
The Fourteenth Amendment (Amendment XIV) to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments. Considered one of the most consequential amendments, it addresses Citizenship of the United States ...
. Still, children born out of wedlock may not be eligible for certain federal benefits (e.g., automatic
naturalization when the father becomes a US citizen) unless the child has been legitimized in the appropriate jurisdiction.
Many other countries have legislatively abolished any legal disabilities of a child born out of wedlock.
In
France
France, officially the French Republic, is a country located primarily in Western Europe. Overseas France, Its overseas regions and territories include French Guiana in South America, Saint Pierre and Miquelon in the Atlantic Ocean#North Atlan ...
, legal reforms regarding illegitimacy began in the 1970s, but it was only in the 21st century that the principle of equality was fully upheld (through Act no. 2002-305 of 4 March 2002, removing mention of "illegitimacy" — ''filiation légitime'' and ''filiation naturelle''; and through law no. 2009-61 of 16 January 2009). In 2001, France was forced by the
European Court of Human Rights
The European Court of Human Rights (ECtHR), also known as the Strasbourg Court, is an international court of the Council of Europe which interprets the European Convention on Human Rights (ECHR). The court hears applications alleging that a co ...
to change several laws that were deemed discriminatory, and in 2013 the Court ruled that these changes must also be applied to children born before 2001.
In some countries, the family law itself explicitly states that there must be equality between the children born outside and inside marriage: in Bulgaria, for example, the new 2009 Family Code lists "equality of the born during the matrimony, out of matrimony and of the adopted children" as one of the principles of family law.
The ''European Convention on the Legal Status of Children Born out of Wedlock'' came into force in 1978. Countries which ratify it must ensure that children born outside marriage are provided with legal rights as stipulated in the text of this convention. The convention was ratified by the UK in 1981 and by Ireland in 1988.
In later years, the inheritance rights of many illegitimate children have improved, and changes of laws have allowed them to inherit properties. More recently, the laws of England have been changed to allow illegitimate children to inherit
entailed property, over their legitimate brothers and sisters.
Contemporary situation
Despite the decreasing legal relevance of illegitimacy, an important exception may be found in the
nationality laws of many countries, which do not apply ''
jus sanguinis
( or , ), meaning 'right of blood', is a principle of nationality law by which nationality is determined or acquired by the nationality of one or both parents. Children at birth may be nationals of a particular state if either or both of thei ...
'' (nationality by citizenship of a parent) to children born out of wedlock, particularly in cases where the child's connection to the country lies only through the father. This is true, for example, of the United States, and its constitutionality was upheld in 2001 by the
Supreme Court
In most legal jurisdictions, a supreme court, also known as a court of last resort, apex court, high (or final) court of appeal, and court of final appeal, is the highest court within the hierarchy of courts. Broadly speaking, the decisions of ...
in ''
Nguyen v. INS''. In the UK, the policy was changed so that children born after 1 July 2006 could receive British citizenship from their father if their parents were unmarried at the time of the child's birth; illegitimate children born before this date cannot receive British citizenship through their father.

Legitimacy also continues to be relevant to hereditary titles, with only legitimate children being admitted to the
line of succession. Some monarchs, however, have succeeded to the throne despite the controversial status of their legitimacy. For example,
Elizabeth I
Elizabeth I (7 September 153324 March 1603) was List of English monarchs, Queen of England and List of Irish monarchs, Ireland from 17 November 1558 until her death in 1603. She was the last and longest reigning monarch of the House of Tudo ...
succeeded to the throne though she was legally held illegitimate as a result of her parents' marriage having been annulled after her birth. Her older half-sister
Mary I had acceded to the throne before her in a similar circumstance: her parents' marriage had been annulled in order to allow her father to marry
Elizabeth's mother.
Annulment of marriage does not currently change the status of legitimacy of children born to the couple during their
putative marriage
A putative marriage is an apparently valid marriage, entered into in good faith on the part of at least one of the partners, but that is legally invalid due to a technical impediment, such as a preexistent marriage on the part of one of the partn ...
, ''i.e.'', between their marriage ceremony and the legal annulment of their marriage. For example, canon 1137 of the
Roman Catholic Church
The Catholic Church (), also known as the Roman Catholic Church, is the List of Christian denominations by number of members, largest Christian church, with 1.27 to 1.41 billion baptized Catholics Catholic Church by country, worldwid ...
's
Code of Canon Law specifically affirms the legitimacy of a child born to a marriage that is
declared null following the child's birth.
The Catholic Church is also changing its attitude toward unwed mothers and baptism of the children. In criticizing the priests who refused to baptize out-of-wedlock children,
Pope Francis
Pope Francis (born Jorge Mario Bergoglio; 17 December 1936 – 21 April 2025) was head of the Catholic Church and sovereign of the Vatican City State from 13 March 2013 until Death and funeral of Pope Francis, his death in 2025. He was the fi ...
argued that the mothers had done the right thing by giving life to the child and should not be shunned by the church:
Nonmarital births
The proportion of children born outside marriage has been rising since the turn of the 21st century in most European Union countries,
North America, and Australia. In Europe, besides the low levels of fertility rates and the delay of motherhood, another factor that now characterizes fertility is the growing percentage of births outside marriage. In the
EU, this phenomenon has been on the rise in recent years in almost every country; and in eight EU countries, mostly in northern Europe, as well as in Iceland outside of the EU, it already accounts for the majority of births.
In 2009, 41% of children born in the
United States
The United States of America (USA), also known as the United States (U.S.) or America, is a country primarily located in North America. It is a federal republic of 50 U.S. state, states and a federal capital district, Washington, D.C. The 48 ...
were born to unmarried mothers, a significant increase from the 5% of half a century earlier. That includes 73% of non-Hispanic black children, 53% of Hispanic children (of all races), and 29% of non-Hispanic white children. In 2020, the proportion was almost similar, with 40.5% of children born in the United States being born to unmarried mothers.
In April 2009, the
National Center for Health Statistics
The National Center for Health Statistics (NCHS) is a U.S. government agency that provides statistical information to guide actions and policies to improve the public health of the American people. It is a unit of the Centers for Disease Control ...
announced that nearly 40 percent of American infants born in 2007 were born to an
unwed mother; that of 4.3 million children, 1.7 million were born to unmarried parents, a 25 percent increase from 2002. Most births to teenagers in the United States (86% in 2007) are nonmarital; in 2007, 60% of births to women 20–24, and nearly one-third of births to women 25–29, were nonmarital.
In 2007, teenagers accounted for just 23% of non-marital births, down steeply from 50% in 1970.
In 2014, 42% of all births in the 28 EU countries were nonmarital.
The percentage was also 42% in 2018.
In 2018, births outside of marriage represented the majority of births in eight EU member states: France (60%), Bulgaria (59%), Slovenia (58%), Portugal (56%), Sweden (55%), Denmark and Estonia (both 54%), and the Netherlands (52%). The lowest percentage were in Greece, Cyprus, Croatia, Poland and Lithuania, with a percentage of under 30%.
To a certain degree,
religion
Religion is a range of social system, social-cultural systems, including designated religious behaviour, behaviors and practices, morals, beliefs, worldviews, religious text, texts, sanctified places, prophecies, ethics in religion, ethics, or ...
(the religiosity of the population - see
religion in Europe) correlates with the proportion of non-marital births (e.g., Greece, Cyprus, Croatia have a low percentage of births outside marriage), but this is not always the case: Portugal (56% in 2018
) is among the most religious countries in Europe.
The proportion of non-marital births is also approaching half in the
Czech Republic
The Czech Republic, also known as Czechia, and historically known as Bohemia, is a landlocked country in Central Europe. The country is bordered by Austria to the south, Germany to the west, Poland to the northeast, and Slovakia to the south ...
(48.5%. in 2021), the
United Kingdom
The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Northwestern Europe, off the coast of European mainland, the continental mainland. It comprises England, Scotlan ...
(48.2% as of 2017
) and
Hungary
Hungary is a landlocked country in Central Europe. Spanning much of the Pannonian Basin, Carpathian Basin, it is bordered by Slovakia to the north, Ukraine to the northeast, Romania to the east and southeast, Serbia to the south, Croatia and ...
(46.7% as of 2016
).
The prevalence of births to unmarried women varies not only between different countries, but also between different geographical areas of the same country: for example, in Germany, there are very strong differences between the regions of former
West Germany
West Germany was the common English name for the Federal Republic of Germany (FRG) from its formation on 23 May 1949 until German reunification, its reunification with East Germany on 3 October 1990. It is sometimes known as the Bonn Republi ...
and
East Germany
East Germany, officially known as the German Democratic Republic (GDR), was a country in Central Europe from Foundation of East Germany, its formation on 7 October 1949 until German reunification, its reunification with West Germany (FRG) on ...
with a non-religious majority. Significantly more children are born out of wedlock in eastern Germany than in western Germany. In 2012, in eastern Germany 61.6% of births were to unmarried women, while in western Germany only 28.4% were.
In the UK, in 2014, 59.4% of births were non-marital in
North East of England, 58.9% in
Wales
Wales ( ) is a Countries of the United Kingdom, country that is part of the United Kingdom. It is bordered by the Irish Sea to the north and west, England to the England–Wales border, east, the Bristol Channel to the south, and the Celtic ...
, 54.2% in
North West England
North West England is one of nine official regions of England and consists of the ceremonial counties of England, ceremonial counties of Cheshire, Cumbria, Greater Manchester, Lancashire and Merseyside. The North West had a population of 7,4 ...
, 52.4% in
Yorkshire and the Humber, 52% in
East Midlands, 50.8% in
Scotland
Scotland is a Countries of the United Kingdom, country that is part of the United Kingdom. It contains nearly one-third of the United Kingdom's land area, consisting of the northern part of the island of Great Britain and more than 790 adjac ...
, 50.4% in
West Midlands, 48.5% in
South West England
South West England, or the South West of England, is one of the nine official regions of England, regions of England in the United Kingdom. Additionally, it is one of four regions that altogether make up Southern England. South West England con ...
, 45.5% in
East of England
East is one of the four cardinal directions or points of the compass. It is the opposite direction from west and is the direction from which the Sunrise, Sun rises on the Earth.
Etymology
As in other languages, the word is formed from the fact ...
, 43.2% in
Northern Ireland
Northern Ireland ( ; ) is a Countries of the United Kingdom, part of the United Kingdom in the north-east of the island of Ireland. It has been #Descriptions, variously described as a country, province or region. Northern Ireland shares Repub ...
, 42.9% in
South East England
South East England is one of the nine official regions of England, regions of England that are in the ITL 1 statistical regions of England, top level category for Statistics, statistical purposes. It consists of the nine counties of england, ...
, and 35.7% in
London
London is the Capital city, capital and List of urban areas in the United Kingdom, largest city of both England and the United Kingdom, with a population of in . London metropolitan area, Its wider metropolitan area is the largest in Wester ...
.
In France, in 2012, 66.9% of births were non-marital in
Poitou-Charentes, while only 46.6% were in
Ile-de-France (which contains
Paris
Paris () is the Capital city, capital and List of communes in France with over 20,000 inhabitants, largest city of France. With an estimated population of 2,048,472 residents in January 2025 in an area of more than , Paris is the List of ci ...
). One of the reasons for the lower prevalence of non-marital births in the metropolis is the high number of immigrants from conservative world regions. In Canada, in
Quebec
Quebec is Canada's List of Canadian provinces and territories by area, largest province by area. Located in Central Canada, the province shares borders with the provinces of Ontario to the west, Newfoundland and Labrador to the northeast, ...
, the majority of births since 1995 onwards have been outside marriage.
As of 2015, 63% of births were outside marriage in Quebec.
Traditionally conservative Catholic countries in the EU now also have substantial proportions of non-marital births, as of 2016 (except where otherwise stated):
Portugal
Portugal, officially the Portuguese Republic, is a country on the Iberian Peninsula in Southwestern Europe. Featuring Cabo da Roca, the westernmost point in continental Europe, Portugal borders Spain to its north and east, with which it share ...
(52.8%
),
Spain
Spain, or the Kingdom of Spain, is a country in Southern Europe, Southern and Western Europe with territories in North Africa. Featuring the Punta de Tarifa, southernmost point of continental Europe, it is the largest country in Southern Eur ...
(45.9%),
Austria
Austria, formally the Republic of Austria, is a landlocked country in Central Europe, lying in the Eastern Alps. It is a federation of nine Federal states of Austria, states, of which the capital Vienna is the List of largest cities in Aust ...
(41.7%),
Luxembourg
Luxembourg, officially the Grand Duchy of Luxembourg, is a landlocked country in Western Europe. It is bordered by Belgium to the west and north, Germany to the east, and France on the south. Its capital and most populous city, Luxembour ...
(40.7%
)
Slovakia
Slovakia, officially the Slovak Republic, is a landlocked country in Central Europe. It is bordered by Poland to the north, Ukraine to the east, Hungary to the south, Austria to the west, and the Czech Republic to the northwest. Slovakia's m ...
(40.2%
),
Ireland
Ireland (, ; ; Ulster Scots dialect, Ulster-Scots: ) is an island in the North Atlantic Ocean, in Northwestern Europe. Geopolitically, the island is divided between the Republic of Ireland (officially Names of the Irish state, named Irelan ...
(36.5%),
Malta
Malta, officially the Republic of Malta, is an island country in Southern Europe located in the Mediterranean Sea, between Sicily and North Africa. It consists of an archipelago south of Italy, east of Tunisia, and north of Libya. The two ...
(31.8%
)
The percentage of first-born children born out of wedlock is considerably higher (by roughly 10%, for the EU), as marriage often takes place after the first baby has arrived. For example, for the Czech Republic, whereas the total nonmarital births are less than half, 47.7%, (third quarter of 2015) the percentage of first-born outside marriage is more than half, 58.2%.
In
Australia
Australia, officially the Commonwealth of Australia, is a country comprising mainland Australia, the mainland of the Australia (continent), Australian continent, the island of Tasmania and list of islands of Australia, numerous smaller isl ...
, in 1971, only 7% of births were outside of marriage, compared to 36% in 2020.
The proportion of births outside of marriage was the highest in the
Northern Territory
The Northern Territory (abbreviated as NT; known formally as the Northern Territory of Australia and informally as the Territory) is an states and territories of Australia, Australian internal territory in the central and central-northern regi ...
(59%) and the lowest in the
ACT (28%).
Latin America
Latin America is the cultural region of the Americas where Romance languages are predominantly spoken, primarily Spanish language, Spanish and Portuguese language, Portuguese. Latin America is defined according to cultural identity, not geogr ...
has the highest rates of non-marital childbearing in the world (55–74% of all children in this region are born to unmarried parents). In most countries in this traditionally Catholic region, children born outside marriage are now the norm. Recent figures from Latin America show non-marital births to be 74% in
Colombia
Colombia, officially the Republic of Colombia, is a country primarily located in South America with Insular region of Colombia, insular regions in North America. The Colombian mainland is bordered by the Caribbean Sea to the north, Venezuel ...
, 70% in
Paraguay
Paraguay, officially the Republic of Paraguay, is a landlocked country in South America. It is bordered by Argentina to the Argentina–Paraguay border, south and southwest, Brazil to the Brazil–Paraguay border, east and northeast, and Boli ...
, 69% in
Peru
Peru, officially the Republic of Peru, is a country in western South America. It is bordered in the north by Ecuador and Colombia, in the east by Brazil, in the southeast by Bolivia, in the south by Chile, and in the south and west by the Pac ...
, 63% in the
Dominican Republic
The Dominican Republic is a country located on the island of Hispaniola in the Greater Antilles of the Caribbean Sea in the Atlantic Ocean, North Atlantic Ocean. It shares a Maritime boundary, maritime border with Puerto Rico to the east and ...
, 58% in
Argentina
Argentina, officially the Argentine Republic, is a country in the southern half of South America. It covers an area of , making it the List of South American countries by area, second-largest country in South America after Brazil, the fourt ...
, 55% in
Mexico
Mexico, officially the United Mexican States, is a country in North America. It is the northernmost country in Latin America, and borders the United States to the north, and Guatemala and Belize to the southeast; while having maritime boundar ...
.
In
Brazil
Brazil, officially the Federative Republic of Brazil, is the largest country in South America. It is the world's List of countries and dependencies by area, fifth-largest country by area and the List of countries and dependencies by population ...
, non-marital births increased to 65.8% in 2009, up from 56.2% in 2000. In
Chile
Chile, officially the Republic of Chile, is a country in western South America. It is the southernmost country in the world and the closest to Antarctica, stretching along a narrow strip of land between the Andes, Andes Mountains and the Paci ...
, non-marital births increased to 70.7% in 2013, up from 48.3% in 2000.
Even in the early 1990s, the phenomenon was very common in Latin America. For example, in 1993, out-of-wedlock births in
Mexico
Mexico, officially the United Mexican States, is a country in North America. It is the northernmost country in Latin America, and borders the United States to the north, and Guatemala and Belize to the southeast; while having maritime boundar ...
were 41.5%, in
Chile
Chile, officially the Republic of Chile, is a country in western South America. It is the southernmost country in the world and the closest to Antarctica, stretching along a narrow strip of land between the Andes, Andes Mountains and the Paci ...
43.6%, in
Puerto Rico
; abbreviated PR), officially the Commonwealth of Puerto Rico, is a Government of Puerto Rico, self-governing Caribbean Geography of Puerto Rico, archipelago and island organized as an Territories of the United States, unincorporated territo ...
45.8%, in
Costa Rica
Costa Rica, officially the Republic of Costa Rica, is a country in Central America. It borders Nicaragua to the north, the Caribbean Sea to the northeast, Panama to the southeast, and the Pacific Ocean to the southwest, as well as Maritime bo ...
48.2%, in
Argentina
Argentina, officially the Argentine Republic, is a country in the southern half of South America. It covers an area of , making it the List of South American countries by area, second-largest country in South America after Brazil, the fourt ...
52.7%, in
Belize
Belize is a country on the north-eastern coast of Central America. It is bordered by Mexico to the north, the Caribbean Sea to the east, and Guatemala to the west and south. It also shares a maritime boundary with Honduras to the southeast. P ...
58.1%, in
El Salvador
El Salvador, officially the Republic of El Salvador, is a country in Central America. It is bordered on the northeast by Honduras, on the northwest by Guatemala, and on the south by the Pacific Ocean. El Salvador's capital and largest city is S ...
73%, in
Suriname
Suriname, officially the Republic of Suriname, is a country in northern South America, also considered as part of the Caribbean and the West Indies. It is a developing country with a Human Development Index, high level of human development; i ...
66%, and in
Panama
Panama, officially the Republic of Panama, is a country in Latin America at the southern end of Central America, bordering South America. It is bordered by Costa Rica to the west, Colombia to the southeast, the Caribbean Sea to the north, and ...
80%.
Out-of-wedlock births are less common in Asia: in 1993 the rate in
Japan
Japan is an island country in East Asia. Located in the Pacific Ocean off the northeast coast of the Asia, Asian mainland, it is bordered on the west by the Sea of Japan and extends from the Sea of Okhotsk in the north to the East China Sea ...
was 1.4%; in
Israel
Israel, officially the State of Israel, is a country in West Asia. It Borders of Israel, shares borders with Lebanon to the north, Syria to the north-east, Jordan to the east, Egypt to the south-west, and the Mediterranean Sea to the west. Isr ...
, 3.1%; in
China
China, officially the People's Republic of China (PRC), is a country in East Asia. With population of China, a population exceeding 1.4 billion, it is the list of countries by population (United Nations), second-most populous country after ...
, 5.6%; in
Uzbekistan
, image_flag = Flag of Uzbekistan.svg
, image_coat = Emblem of Uzbekistan.svg
, symbol_type = Emblem of Uzbekistan, Emblem
, national_anthem = "State Anthem of Uzbekistan, State Anthem of the Republ ...
, 6.4%; in
Kazakhstan
Kazakhstan, officially the Republic of Kazakhstan, is a landlocked country primarily in Central Asia, with a European Kazakhstan, small portion in Eastern Europe. It borders Russia to the Kazakhstan–Russia border, north and west, China to th ...
, 21%; and in
Kyrgyzstan
Kyrgyzstan, officially the Kyrgyz Republic, is a landlocked country in Central Asia lying in the Tian Shan and Pamir Mountains, Pamir mountain ranges. Bishkek is the Capital city, capital and List of cities in Kyrgyzstan, largest city. Kyrgyz ...
, 24%.
However, in the
Philippines
The Philippines, officially the Republic of the Philippines, is an Archipelagic state, archipelagic country in Southeast Asia. Located in the western Pacific Ocean, it consists of List of islands of the Philippines, 7,641 islands, with a tot ...
(a former Spanish colony, like much of
Latin America
Latin America is the cultural region of the Americas where Romance languages are predominantly spoken, primarily Spanish language, Spanish and Portuguese language, Portuguese. Latin America is defined according to cultural identity, not geogr ...
), the out-of-wedlock birth rate was 37% in 2008–2009,
rising dramatically to 52.1% by 2015.
Covert illegitimacy
Covert illegitimacy is a situation which arises when someone who is presumed to be a child's father (or mother) is in fact not the biological father (or mother). Frequencies as high as 30% are sometimes assumed in the media, but research
by sociologist Michael Gilding traced these overestimates back to an informal remark at a 1972 conference.
[Philipp EE (1973) "Discussion: moral, social and ethical issues". In: Wolstenholme GEW, Fitzsimons DW, eds. ''Law and ethics of AID and embryo transfer''. Ciba Foundation symposium. Vol 17. London: Associated Scientific 63–66]
The detection of unsuspected illegitimacy can occur in the context of medical genetic screening,
in genetic family name research,
and in immigration testing.
Such studies show that covert illegitimacy is in fact less than 10% among the sampled African populations, less than 5% among the sampled Native American and Polynesian populations, less than 2% of the sampled Middle Eastern population, and generally 1%–2% among European samples.
Causes for rise in nonmarital births
The rise in illegitimacy noted in Britain throughout the eighteenth century has been associated with the rise of new employment opportunities for women, making them less dependent upon a husband's earnings. However, the
Marriage Act 1753
The Clandestine Marriages Act 1753 ( 26 Geo. 2. c. 33), also called the Marriage Act 1753, long title "An Act for the Better Preventing of Clandestine Marriage", popularly known as Lord Hardwicke's Marriage Act, was the first statutory legisla ...
sought to curb this practice, by combining the spousals and nuptials; and by the start of the 19th century,
social convention prescribed that brides be virgins at marriage, and illegitimacy became more socially discouraged, especially during the
Victorian era
In the history of the United Kingdom and the British Empire, the Victorian era was the reign of Queen Victoria, from 20 June 1837 until her death on 22 January 1901. Slightly different definitions are sometimes used. The era followed the ...
. Later in the 20th century, the social changes of the 1960s and 1970s started to reverse this trend, with an increase in cohabitation and alternative family formation. Elsewhere in Europe and Latin America, the increase in nonmarital births from the late 20th century on has been linked to secularization, enhanced women's rights and standing in society, and the fall of authoritarian dictatorships.
Before the dissolution of
Marxist–Leninist regimes in Europe, women's participation in the workforce was actively encouraged by most governments, but socially conservative regimes such as that of
Nicolae Ceausescu practiced restrictive and natalist policies regarding family reproduction, such as total bans on contraception and abortion, and birth rates were tightly controlled by the state. After the dissolution of those regimes, the population was given more choices on how to organize their personal lives, and in regions such as former East Germany, the rate of births outside marriage increased dramatically: as of 2012, 61.6% of births there were outside marriage.
Far-right regimes such as those of
Francoist Spain
Francoist Spain (), also known as the Francoist dictatorship (), or Nationalist Spain () was the period of Spanish history between 1936 and 1975, when Francisco Franco ruled Spain after the Spanish Civil War with the title . After his death i ...
and Portugal's ''
Estado Novo'' also fell, leading to the democratization and liberalization of society. In Spain and Portugal, important legal changes throughout the 1970s and 1980s included legalization of
divorce
Divorce (also known as dissolution of marriage) is the process of terminating a marriage or marital union. Divorce usually entails the canceling or reorganising of the legal duties and responsibilities of marriage, thus dissolving the M ...
, decriminalization of
adultery, introduction of
gender equality
Gender equality, also known as sexual equality, gender egalitarianism, or equality of the sexes, is the state of equal ease of access to resources and opportunities regardless of gender, including economic participation and decision-making, an ...
in
family law
Family law (also called matrimonial law or the law of domestic relations) is an area of the law that deals with family matters and domestic relations.
Overview
Subjects that commonly fall under a nation's body of family law include:
* Marriag ...
, and removal of the ban on
contraception.
In many countries there has been a dissociation between marriage and fertility, with the two no longer being closely associated—with births to unmarried couples, as well as
childless married couples, becoming more common and more socially acceptable. Contributions to these societal changes have been made by the weakening of social and legal norms that regulate peoples' personal lives and relations, especially in regard to marriage, secularization and decreased church control of reproduction, increased participation of
women in the labor force, changes in the meaning of marriage, risk reduction, individualism, changing views on
female sexuality, and availability of
contraception.
New concepts have emerged, such as that of
reproductive rights
Reproductive rights are legal rights and freedoms relating to human reproduction, reproduction and reproductive health that vary amongst countries around the world. The World Health Organization defines reproductive rights:
Reproductive rights ...
, though these concepts have not been accepted by all cultures. Under the notions of reproductive and sexual rights, individuals—not the state, church, community, etc.—shall decide whether and when individuals shall have children, their number and spacing, the circumstances under which individuals will or will not be sexually active, and their choice of intimate partners and type of relationship.
It is argued that in some places where the control of the church (especially the
Roman Catholic Church
The Catholic Church (), also known as the Roman Catholic Church, is the List of Christian denominations by number of members, largest Christian church, with 1.27 to 1.41 billion baptized Catholics Catholic Church by country, worldwid ...
) was traditionally very strong, the social changes of the 1960s and 1970s have led to a negative reaction of the population against the lifestyles promoted by the church. One of the explanations of the current high rates of unmarried cohabitation in
Quebec
Quebec is Canada's List of Canadian provinces and territories by area, largest province by area. Located in Central Canada, the province shares borders with the provinces of Ontario to the west, Newfoundland and Labrador to the northeast, ...
is that the traditionally strong social control of the church and the Catholic doctrine over people's private relations and sexual morality has led the population to rebel against traditional and conservative social values; since 1995 the majority of births in this province are outside marriage, and as of 2015, in Quebec, 63% of children were born to unmarried women.
The past few decades have seen decreased marriage rates in most Western countries, and this decrease has been accompanied by increased emergence of non-traditional family forms. Average marriage rates across
OECD
The Organisation for Economic Co-operation and Development (OECD; , OCDE) is an international organization, intergovernmental organization with 38 member countries, founded in 1961 to stimulate economic progress and international trade, wor ...
countries have fallen from 8.1 marriages per 1,000 people in 1970 to 5.0 in 2009.
Research on the situation in Bulgaria
has concluded that:
History
Certainty of
paternity has been considered important in a wide range of eras and cultures, especially when inheritance and citizenship were at stake, making the tracking of a man's estate and genealogy a central part of what defined a "legitimate" birth. The ancient
Latin
Latin ( or ) is a classical language belonging to the Italic languages, Italic branch of the Indo-European languages. Latin was originally spoken by the Latins (Italic tribe), Latins in Latium (now known as Lazio), the lower Tiber area aroun ...
dictum, "''
Mater semper certa est''" ("The
dentity of themother is always certain", while the father is not), emphasized the dilemma.
In English
common law
Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on prece ...
, Justice
Edward Coke
Sir Edward Coke ( , formerly ; 1 February 1552 – 3 September 1634) was an English barrister, judge, and politician. He is often considered the greatest jurist of the Elizabethan era, Elizabethan and Jacobean era, Jacobean eras.
Born into a ...
in 1626 promulgated the "Four Seas Rule" (''extra quatuor maria'') asserting that, absent impossibility of the father being fertile, there was a
presumption of paternity that a married woman's child was her husband's child. That presumption could be questioned, though courts generally sided with the presumption, thus expanding the range of the presumption to a "Seven Seas Rule". But it was only with the
Marriage Act 1753
The Clandestine Marriages Act 1753 ( 26 Geo. 2. c. 33), also called the Marriage Act 1753, long title "An Act for the Better Preventing of Clandestine Marriage", popularly known as Lord Hardwicke's Marriage Act, was the first statutory legisla ...
that a formal and public marriage ceremony at civil law was required, whereas previously marriage had a
safe haven if celebrated in an
Anglican
Anglicanism, also known as Episcopalianism in some countries, is a Western Christianity, Western Christian tradition which developed from the practices, liturgy, and identity of the Church of England following the English Reformation, in the ...
church. Still, many "clandestine" marriages occurred.
In many societies, people born out of wedlock did not have the same rights of
inheritance
Inheritance is the practice of receiving private property, titles, debts, entitlements, privileges, rights, and obligations upon the death of an individual. The rules of inheritance differ among societies and have changed over time. Offi ...
as those within it, and in some societies, even the same
civil rights. In the United Kingdom and the United States, as late as the 1960s and in certain social strata even up to today, nonmarital birth has carried a
social stigma
Stigma, originally referring to the visible marking of people considered inferior, has evolved to mean a negative perception or sense of disapproval that a society places on a group or individual based on certain characteristics such as their ...
.
[Flora Armitage, ''The Desert and the Stars: A Biography of Lawrence of Arabia'', p. 42.] In previous centuries unwed mothers were socially pressured to give their children up for
adoption
Adoption is a process whereby a person assumes the parenting of another, usually a child, from that person's biological or legal parent or parents. Legal adoptions permanently transfer all rights and responsibilities, along with filiation, fro ...
. In other cases nonmarital children have been reared by
grandparent
Grandparents, individually known as grandmother and grandfather, or Grandma and Grandpa, are the parents of a person's father or mother – paternal or maternal. Every sexually reproducing living organism who is not a genetic chimera has a maxi ...
s or married
relatives as the "sisters", "brothers" or "cousins" of the unwed mothers.
In most national
jurisdiction
Jurisdiction (from Latin 'law' and 'speech' or 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, the concept of jurisdiction applies at multiple level ...
s, the status of a child as a legitimate or illegitimate heir could be changed—in either direction—under the
civil law: A legislative act could deprive a child of legitimacy; conversely, a marriage between the previously unmarried parents, usually within a specified time, such as a year, could retroactively
legitimate a child's birth.
Fathers of illegitimate children often did not incur comparable
censure or legal responsibility, due to
social attitudes about
sex, the nature of sexual reproduction, and the difficulty of determining
paternity with
certainty
Certainty (also known as epistemic certainty or objective certainty) is the epistemic property of beliefs which a person has no rational grounds for doubting. One standard way of defining epistemic certainty is that a belief is certain if and ...
.
By the final third of the 20th century, in the
United States
The United States of America (USA), also known as the United States (U.S.) or America, is a country primarily located in North America. It is a federal republic of 50 U.S. state, states and a federal capital district, Washington, D.C. The 48 ...
, all the states had adopted uniform laws that codified the responsibility of both parents to provide support and care for a child, regardless of the
parent
A parent is either the progenitor of a child or, in humans, it can refer to a caregiver or legal guardian, generally called an adoptive parent or step-parent. Parents who are progenitors are First-degree relative, first-degree relatives and have ...
s'
marital status, and gave non-marital as well as
adopted persons equal rights to inherit their parents' property. In the early 1970s, a series of
Supreme Court
In most legal jurisdictions, a supreme court, also known as a court of last resort, apex court, high (or final) court of appeal, and court of final appeal, is the highest court within the hierarchy of courts. Broadly speaking, the decisions of ...
decisions abolished most, if not all, of the common-law disabilities of non-marital birth, as being violations of the
equal-protection clause of the
Fourteenth Amendment to the United States Constitution
The Fourteenth Amendment (Amendment XIV) to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments. Considered one of the most consequential amendments, it addresses Citizenship of the United States ...
. Generally speaking, in the United States, "illegitimate" has been supplanted by the phrase "born out of wedlock."
In contrast, other jurisdictions (particularly western continental European countries) tend to favour social parentage over the biological parentage. Here a man (not necessarily the biological father) may voluntarily
recognise the child to be identified as the father, thus giving legitimacy to the child; the biological father does not have any special rights in this area. In
France
France, officially the French Republic, is a country located primarily in Western Europe. Overseas France, Its overseas regions and territories include French Guiana in South America, Saint Pierre and Miquelon in the Atlantic Ocean#North Atlan ...
, a mother may refuse to recognize her own child (see
anonymous birth).
A contribution to the decline of the concept of illegitimacy had been made by increased ease of obtaining
divorce
Divorce (also known as dissolution of marriage) is the process of terminating a marriage or marital union. Divorce usually entails the canceling or reorganising of the legal duties and responsibilities of marriage, thus dissolving the M ...
. Before this, the mother and father of many children had been unable to marry each other because one or the other was already legally bound, by civil or
canon law
Canon law (from , , a 'straight measuring rod, ruler') is a set of ordinances and regulations made by ecclesiastical jurisdiction, ecclesiastical authority (church leadership) for the government of a Christian organization or church and its membe ...
, in a non-viable earlier
marriage
Marriage, also called matrimony or wedlock, is a culturally and often legally recognised union between people called spouses. It establishes rights and obligations between them, as well as between them and their children (if any), and b ...
that did not permit divorce. Their only recourse, often, had been to wait for the death of the earlier spouse(s). Thus Polish political and military leader
Józef Piłsudski (1867–1935) was unable to marry his second wife,
Aleksandra, until his first wife,
Maria, died in 1921; by this time, Piłsudski and Aleksandra had two out-of-wedlock daughters.
Social implications

Nonmarital birth has affected not only the individuals themselves. The stress that such circumstances of birth once regularly visited upon families is illustrated in the case of
Albert Einstein
Albert Einstein (14 March 187918 April 1955) was a German-born theoretical physicist who is best known for developing the theory of relativity. Einstein also made important contributions to quantum mechanics. His mass–energy equivalence f ...
and his wife-to-be,
Mileva Marić, who—when she became pregnant with the first of their three children,
Lieserl—felt compelled to maintain separate domiciles in different cities.

Some persons born outside of marriage have been driven to excel in their endeavors, for good or ill, by a desire to overcome the social stigma and disadvantage that attached to it. Nora Titone, in her book ''My Thoughts Be Bloody'', recounts how the shame and ambition of actor
Junius Brutus Booth's two actor sons born outside of marriage,
Edwin Booth
Edwin Thomas Booth (November 13, 1833 – June 7, 1893) was an American stage actor and theatrical manager who toured throughout the United States and the major capitals of Europe, performing Shakespearean plays. In 1869, he founded Booth's Th ...
and
John Wilkes Booth
John Wilkes Booth (May 10, 1838April 26, 1865) was an American stage actor who Assassination of Abraham Lincoln, assassinated United States president Abraham Lincoln at Ford's Theatre in Washington, D.C., on April 14, 1865. A member of the p ...
, spurred them to strive, as rivals, for achievement and acclaim—John Wilkes, the assassin of
Abraham Lincoln
Abraham Lincoln (February 12, 1809 – April 15, 1865) was the 16th president of the United States, serving from 1861 until Assassination of Abraham Lincoln, his assassination in 1865. He led the United States through the American Civil War ...
, and Edwin, a
Unionist who a year earlier
had saved the life of Lincoln's son, Robert Todd Lincoln, in a railroad accident.
[Nora Titone. ]
My Thoughts Be Bloody: The Bitter Rivalry Between Edwin and John Wilkes Booth That Led to an American Tragedy
'. New York: Simon and Schuster; 2010 ited September 24, 2011 .

Historian
John Ferling, in his book ''Jefferson and Hamilton: The Rivalry That Forged a Nation'', makes the same point: that
Alexander Hamilton
Alexander Hamilton (January 11, 1755 or 1757July 12, 1804) was an American military officer, statesman, and Founding Fathers of the United States, Founding Father who served as the first U.S. secretary of the treasury from 1789 to 1795 dur ...
's non-marital birth spurred him to seek accomplishment and distinction. The Swedish artist
Anders Zorn (1860–1920) was similarly motivated by his non-marital birth to prove himself and excel in his métier.

Similarly,
T. E. Lawrence's biographer Flora Armitage writes about being born outside of marriage: "The effect on
. E.Lawrence of this discovery was profound; it added to the romantic urge for heroic conduct—the dream of the
Sangreal—the seed of ambition, the desire for honor and distinction: the redemption of the blood from its taint."
Another biographer,
John E. Mack, writes in a similar vein: "
s mother required of him that he ''redeem'' her fallen state by his own special achievements, by being a person of unusual value who accomplishes great deeds, preferably religious and ideally on an heroic scale. Lawrence did his best to fulfill heroic deeds. But he was plagued, especially after the events of the war activated his inner conflicts, by a deep sense of failure. Having been deceived as a child he was later to feel that he himself was a deceiver—that he had deceived the Arabs..." "Mrs. Lawrence's original hope that her sons would provide her personal redemption by becoming Christian missionaries was fulfilled only by
awrence's brotherRobert."
Mack elaborates further: "Part of his creativity and originality lies in his 'irregularity,' in his capacity to remain outside conventional ways of thinking, a tendency which... derives, at least in part, from his illegitimacy. Lawrence's capacity for invention and his ability to see unusual or humorous relationships in familiar situations come also... from his illegitimacy. He was not limited to established or 'legitimate' solutions or ways of doing things, and thus his mind was open to a wider range of possibilities and opportunities.
t the same timeLawrence's illegitimacy had important social consequences and placed limitations upon him, which rankled him deeply... At times he felt socially isolated when erstwhile friends shunned him upon learning of his background. Lawrence's delight in making fun of regular officers and other segments of 'regular' society... derived... at least in part from his inner view of his own irregular situation. His fickleness about names for himself
e changed his name twice to distance himself from his "Lawrence of Arabia" personais directly related... to his view of his parents and to his identification with them
is father had changed his name after running off with T. E. Lawrence's future mother"
Christopher Columbus
Christopher Columbus (; between 25 August and 31 October 1451 – 20 May 1506) was an Italians, Italian explorer and navigator from the Republic of Genoa who completed Voyages of Christopher Columbus, four Spanish-based voyages across the At ...
' first son,
Diego Columbus (born between 1474 and 1480; died 1526), by Columbus' wife,
Filipa Moniz Perestrelo, followed in his father's footsteps to become the 2nd Admiral of the Indies, 2nd Viceroy of the Indies, and 4th Governor of the Indies. Columbus' second son,
Fernando Columbus (also known as Hernando; 1488–1539), was his out-of-wedlock son by
Beatriz Enríquez de Arana and—while he grew up with a fair amount of power and privilege—due to the circumstances of his birth he never quite gained the prominence his father did. Hernando Columbus' biographer
Edward Wilson-Lee says Hernando "always wanted to prove himself his father's son in spirit.
he undertook th
extraordinary project
fbuilding a universal
library
A library is a collection of Book, books, and possibly other Document, materials and Media (communication), media, that is accessible for use by its members and members of allied institutions. Libraries provide physical (hard copies) or electron ...
that would
oldevery book in the world...
very much saw this as a counterpart to his father's desire to circumnavigate the world.... Hernando was going to build a universal library that would circumnavigate the world of knowledge."
[ Ari Shapiro, "Christopher Columbus' Son Had an Enormous Library. Its Catalog Was Just Found", ]All Things Considered
''All Things Considered'' (''ATC'') is the flagship news program on the American network National Public Radio (NPR). It was the first news program on NPR, premiering on May 3, 1971. It is broadcast live on NPR affiliated stations in the United ...
, NPR newscast, 24 April 201
/ref>
However, realizing that such a large collection of books would not be very useful without a way of organizing and distilling them, he employed an army of readers to read every book and distill it down to a short summary, or "epitome
An epitome (; , from ἐπιτέμνειν ''epitemnein'' meaning "to cut short") is a summary or miniature form, or an instance that represents a larger reality, also used as a synonym for embodiment. Epitomacy represents "to the degree of." A ...
". The result was the ''Libro de los Epitomes'' (Book of Epitomes). Soon after Hernando's death in 1539 at age 50, this volume went missing for nearly 500 years—until in 2019 it was serendipitously discovered in a University of Copenhagen
The University of Copenhagen (, KU) is a public university, public research university in Copenhagen, Copenhagen, Denmark. Founded in 1479, the University of Copenhagen is the second-oldest university in Scandinavia, after Uppsala University.
...
special collection. Many of the early printed publications that the ''Book of Epitomes'' summarizes are now lost; but thanks to the out-of-wedlock bibliophile Hernando Columbus, eager to emulate in his own way his father and "legitimate" half-brother, invaluable insights are becoming available into the knowledge and thought of the early Modern Period
The modern era or the modern period is considered the current historical period of human history. It was originally applied to the history of Europe and Western history for events that came after the Middle Ages, often from around the year 1500 ...
.
In more recent times, Steve Jobs
Steven Paul Jobs (February 24, 1955 – October 5, 2011) was an American businessman, inventor, and investor best known for co-founding the technology company Apple Inc. Jobs was also the founder of NeXT and chairman and majority shareholder o ...
' adoption due to the nonmarried status of his biological parents influenced his life and career. He confided to close friends that he was driven by the pain he felt about having been put up for adoption
Adoption is a process whereby a person assumes the parenting of another, usually a child, from that person's biological or legal parent or parents. Legal adoptions permanently transfer all rights and responsibilities, along with filiation, fro ...
and not having known who his birth parents were.
Violence and honor killings
While births outside marriage are considered acceptable in many world regions, in some parts of the world they remain highly stigmatized. Women who have given birth under such circumstances are often subjected to violence at the hands of their families; and may even become victims of so-called honor killings. These women may also be prosecuted under laws forbidding sexual relations outside marriage and may face consequent punishments, including stoning.
In fiction
Illegitimacy has for centuries provided a motif and plot element to works of fiction by prominent authors, including William Shakespeare
William Shakespeare ( 23 April 1564 – 23 April 1616) was an English playwright, poet and actor. He is widely regarded as the greatest writer in the English language and the world's pre-eminent dramatist. He is often called England's nation ...
, Benjamin Franklin
Benjamin Franklin (April 17, 1790) was an American polymath: a writer, scientist, inventor, statesman, diplomat, printer, publisher and Political philosophy, political philosopher.#britannica, Encyclopædia Britannica, Wood, 2021 Among the m ...
, Henry Fielding
Henry Fielding (22 April 1707 – 8 October 1754) was an English writer and magistrate known for the use of humour and satire in his works. His 1749 comic novel ''The History of Tom Jones, a Foundling'' was a seminal work in the genre. Along wi ...
, Voltaire
François-Marie Arouet (; 21 November 169430 May 1778), known by his ''Pen name, nom de plume'' Voltaire (, ; ), was a French Age of Enlightenment, Enlightenment writer, philosopher (''philosophe''), satirist, and historian. Famous for his wit ...
, Jane Austen
Jane Austen ( ; 16 December 1775 – 18 July 1817) was an English novelist known primarily for #List of works, her six novels, which implicitly interpret, critique, and comment on the English landed gentry at the end of the 18th century ...
, Alexandre Dumas, ''père'', Charles Dickens
Charles John Huffam Dickens (; 7 February 1812 – 9 June 1870) was an English novelist, journalist, short story writer and Social criticism, social critic. He created some of literature's best-known fictional characters, and is regarded by ...
, Nathaniel Hawthorne
Nathaniel Hawthorne (né Hathorne; July 4, 1804 – May 19, 1864) was an American novelist and short story writer. His works often focus on history, morality, and religion.
He was born in 1804 in Salem, Massachusetts, from a family long associat ...
, Wilkie Collins, Anthony Trollope
Anthony Trollope ( ; 24 April 1815 – 6 December 1882) was an English novelist and civil servant of the Victorian era. Among the best-known of his 47 novels are two series of six novels each collectively known as the ''Chronicles of Barsetshire ...
, Alexandre Dumas, ''fils'', George Eliot, Victor Hugo
Victor-Marie Hugo, vicomte Hugo (; 26 February 1802 – 22 May 1885) was a French Romanticism, Romantic author, poet, essayist, playwright, journalist, human rights activist and politician.
His most famous works are the novels ''The Hunchbac ...
, Leo Tolstoy
Count Lev Nikolayevich Tolstoy Tolstoy pronounced his first name as , which corresponds to the romanization ''Lyov''. () (; ,Throughout Tolstoy's whole life, his name was written as using Reforms of Russian orthography#The post-revolution re ...
, Ivan Turgenev, Fyodor Dostoyevsky
Fyodor Mikhailovich Dostoevsky. () was a Russian novelist, short story writer, essayist and journalist. He is regarded as one of the greatest novelists in both Russian literature, Russian and world literature, and many of his works are consider ...
, Thomas Hardy
Thomas Hardy (2 June 1840 – 11 January 1928) was an English novelist and poet. A Literary realism, Victorian realist in the tradition of George Eliot, he was influenced both in his novels and in his poetry by Romanticism, including the poetry ...
, Alphonse Daudet, Bolesław Prus, Henry James, Joseph Conrad, E. M. Forster, C. S. Forester, Marcel Pagnol, Grace Metalious, John Irving
John Winslow Irving (born John Wallace Blunt Jr.; March 2, 1942) is an American and Canadian novelist, short story writer, and screenwriter.
Irving achieved critical and popular acclaim after the international success of his fourth novel '' Th ...
, and George R. R. Martin.
Notables
Some pre-20th-century modern individuals whose unconventional "illegitimate" origins did not prevent them from making (and in some cases helped inspire them to make) notable contributions to humanity's art or learning have included Leone Battista Alberti (1404–1472), Leonardo da Vinci
Leonardo di ser Piero da Vinci (15 April 1452 - 2 May 1519) was an Italian polymath of the High Renaissance who was active as a painter, draughtsman, engineer, scientist, theorist, sculptor, and architect. While his fame initially rested o ...
(1452–1519), Erasmus of Rotterdam 1466–1536), Jean le Rond d'Alembert (1717–1783), Alexander Hamilton
Alexander Hamilton (January 11, 1755 or 1757July 12, 1804) was an American military officer, statesman, and Founding Fathers of the United States, Founding Father who served as the first U.S. secretary of the treasury from 1789 to 1795 dur ...
(1755 or 1757–1804), James Smithson (1764–1829), John James Audubon
John James Audubon (born Jean-Jacques Rabin, April 26, 1785 – January 27, 1851) was a French-American Autodidacticism, self-trained artist, natural history, naturalist, and ornithology, ornithologist. His combined interests in art and ornitho ...
(1785–1851), Alexander Herzen (1812–1870), Jenny Lind (1820–1887), and Alexandre Dumas, ''fils''["Dumas, Alexandre", '' The Encyclopedia Americana'', vol. 9, Danbury, CT, Grolier Incorporated, 1986, , pp. 466-467.] (1824–1895).
See also
* Affiliation (family law)
* Anne Orthwood's bastard trial
* Bastard (Jewish law)
* Bastard (law of England and Wales)
* Childwite
* Colonial American bastardy laws
* Defect of birth
* Filiation
Filiation is the legal term for the recognized legal status of the relationship between family members, or more specifically the legal relationship between parent and child. As described by the Government of Quebec:
Filiation is the relationship ...
* Hague Adoption Convention
* Illegitimacy in fiction
* Legitimacy law in England and Wales
* Legitime
* Marks of distinction
* Nonmarital birth rates by country
* Non-paternity event
* Orphan
An orphan is a child whose parents have died, are unknown, or have permanently abandoned them. It can also refer to a child who has lost only one parent, as the Hebrew language, Hebrew translation, for example, is "fatherless". In some languages ...
* Premarital sex
* Unintended pregnancy
References
Bibliography
*Flora Armitage, ''The Desert and the Stars: a Biography of Lawrence of Arabia'', illustrated with photographs, New York, Henry Holt and Company, 1955.
* Andrzej Garlicki, "Piłsudski, Józef Klemens," '' Polski słownik biograficzny'', vol. XXVI, Wrocław
Wrocław is a city in southwestern Poland, and the capital of the Lower Silesian Voivodeship. It is the largest city and historical capital of the region of Silesia. It lies on the banks of the Oder River in the Silesian Lowlands of Central Eu ...
, Polska Akademia Nauk, 1981, pp. 311–24.
*Shirley Foster Hartley, ''Illegitimacy'', University of California Press, 1975.
*Alysa Levene, Thomas Nutt & Samantha Williams, eds.
Illegitimacy in Britain, 1700–1920
'. Palgrave Macmillan
Palgrave Macmillan is a British academic and trade publishing company headquartered in the London Borough of Camden. Its programme includes textbooks, journals, monographs, professional and reference works in print and online. It maintains offi ...
; 2005 ited 24 September 2011 .
* John E. Mack.
A Prince of Our Disorder: The Life of T. E. Lawrence
'. Harvard University Press
Harvard University Press (HUP) is an academic publishing house established on January 13, 1913, as a division of Harvard University. It is a member of the Association of University Presses. Its director since 2017 is George Andreou.
The pres ...
; 1998 ited September 24, 2011 .
* Charles Simic, "You Laugh Uncontrollably" (review of Bohumil Hrabal, ''Mr. Kafka and Other Tales from the Time of the Cult'', translated from the Czech by Paul Wilson, New Directions, 142 pp., $14.95 aper, ''The New York Review of Books
''The New York Review of Books'' (or ''NYREV'' or ''NYRB'') is a semi-monthly magazine with articles on literature, culture, economics, science and current affairs. Published in New York City, it is inspired by the idea that the discussion of ...
'', vol. LXIII, no. 8 (May 12, 2016), pp. 58–60.
* Jenny Teichman.
Illegitimacy: an examination of bastardy
'. Cornell University Press
The Cornell University Press is the university press of Cornell University, an Ivy League university in Ithaca, New York. It is currently housed in Sage House, the former residence of Henry William Sage. It was first established in 1869, maki ...
; 1982 ited September 24, 2011 .
*Nora Titone,
My Thoughts Be Bloody: The Bitter Rivalry between Edwin and John Wilkes Booth that Led to an American Tragedy
', New York, Simon and Schuster, 2010 ited September 24, 2011 .
External links
Percentage of Births to Unmarried Mothers by State: 2014
(distribution of births outside marriage across the United States)
* Ari Shapiro, "Christopher Columbus' Son Had an Enormous Library. Its Catalog Was Just Found", All Things Considered
''All Things Considered'' (''ATC'') is the flagship news program on the American network National Public Radio (NPR). It was the first news program on NPR, premiering on May 3, 1971. It is broadcast live on NPR affiliated stations in the United ...
, NPR newscast, 24 April 201
The Psychological Effects of Being an Illegitimate Child - Low self-esteem, trust issues, and identity problems
{{Authority control
Civil law (common law)
Extramarital relationships
Family law
Legitimacy law
de:Unehelichkeit