Often times, a child is born to parents who aren’t married. While having children without being married once carried a negative stigma, it has become more common and socially accepted. Although society is catching up, the law has yet to do the same.
A successful legitimation action results in the following:
- All lawful parental privileges, rights, and obligations are imposed on both parents;
- The child is seen as being born in wedlock, in the eyes of the law;
- Allows the child to receive the inheritance rights regarding their parents’ property;
- Provides the parents the right to inherit from the child in case of the child’s death; and
- The right to sue for wrongful death.
In order for a child of an unmarried couple to gain all of the legal rights and benefits of a child born “in wedlock,” the child must go through a process called legitimation. Unlike paternity, which focuses on establishing a man as a child’s father for the purposes of child support obligations, legitimation focuses on the child’s rights. Most often legitimation is done for the purposes of a child being able to inherit from his parents and for the status of being legally recognized as the child of the parent.
If you have questions about whether you should file for legitimation, contact our experienced Raleigh custody lawyer today.
Related Resources: When Do I Need to Pursue a Legitimation Action? What You Need to Know about The Legitimation Process in North Carolina 5 Tips For Co-Parenting on Father’s Day
