He who is born out of lawful matrimony follows the condition of the mother.

Explanation

Where there is no lawful marriage, the child takes the status of the mother — the counterpart of the rule that legitimate offspring follow the father.

Where this applies

• A child born outside of marriage and the question of whose status they follow.
• An illegitimate child's legal condition is determined by the mother.

See also

• 4.2.4 The offspring follows the mother.
• 4.2.10 Children born under a legitimate marriage follow the condition of the father.