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NeCede's

Maxim 5.6.24

The presumption is in favor of legitimacy.

Source: 1 Bl. Comm. 457; 5 Coke, 98b; Co. Litt. 126a; Weisman, 58bb Difficulty 3/5 — Intermediate

Explanation

(English-origin maxim.) The law presumes that a child born in wedlock is legitimate — the burden of proving illegitimacy falls on the party asserting it, and the standard is exacting.

Where this applies

  • A child born during a marriage is presumed legitimate, and anyone claiming otherwise must bring strong evidence to overcome that presumption.
  • A man claims a child born to a married couple is not the husband's, but the court requires clear and convincing proof before it will overturn the presumption of legitimacy.
  • An inheritance dispute turns on whether a child is legitimate, and the court starts with the presumption that a child born in wedlock is the lawful offspring of the husband.

Legal domains

Cite this maxim

NeCede Max. 5.6.24 — The presumption is in favor of legitimacy. — 1 Bl. Comm. 457; 5 Coke, 98b; Co. Litt. 126a; Weisman, 58bb

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