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.
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
Found an error? Suggest a correction →