Maxim 4.1.6
The presumption is always in favor of the legitimacy of children.
Semper praesumatur pro legitimatione puerorum.
Source: Co. Litt. 126; 5 Co. Rep. 98b; Weisman, 79l
Difficulty 1/5 — Foundational
Explanation
Children born during wedlock are presumed legitimate — the law favors the protection of the innocent over suspicion of the parents.
Where this applies
- A child born during a marriage is claimed by someone other than the husband.
- A man challenges the paternity of a child born to his wife.
See also
Cite this maxim
NeCede Max. 4.1.6 — The presumption is always in favor of the legitimacy of children. — Co. Litt. 126; 5 Co. Rep. 98b; Weisman, 79l (Semper praesumatur pro legitimatione puerorum.)
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