Parental Rights

The father is he whom the marriage indicates.

Pater est quem nuptiae demonstrant.

Source: Co. Litt. 123; Dig. 2, 4, 5; Broom, *Legal Maxims* (1874), p. 516; Jackson, *Latin for Lawyers* (1915), Max. 792; Weisman, 79n

A child born in lawful wedlock is presumed to be the child of the husband — the marriage itself establishes paternity.

The lawful heir is he whom the marriage shows to be so.

Haeres legitimus est quem nuptiae demonstrant.

Source: Co. Litt. 7; Jackson, *Latin for Lawyers* (1915), Max. 326; Weisman, 58w

Inheritance follows lawful marriage — at common law, only those born within wedlock possess inheritable blood.

Heir is a name of law; son is a name of nature.

Haeres est nomen juris, filius est nomen naturae.

Source: Bacon, Max. Reg. 11; Jackson, *Latin for Lawyers* (1915), Max. 325; Weisman, 58ii

The status of heir is a legal construction tied to rules of succession; the status of son is a fact of nature — the two do not always coincide.

The offspring follows the mother.

Partus sequitur ventrem.

Source: Inst. 2, 1, 19; Jackson, *Latin for Lawyers* (1915), Max. 789; Weisman, 58ff

The status and condition of offspring follow the mother — a rule originating in the law of property in animals and applied at civil law to questions of personal status.

That which does not produce any effect in law does not constitute an impediment.

Non praestat impedimentum quod de jure non sortitur effectum.

Source: Dig. 50, 17, 4

A thing that has no legal force cannot serve as a bar or obstacle — what is void in law cannot impede a valid right or act.