from
Bouvier's Law Dictionary, Revised 6th Ed (1856)
LEGITIMATION. The act of giving the character of legitimate children to
those who were not so born.
2. In Louisiana, the Civil Code, art. 217, enacts that "children born
out of marriage, except those who are born of an incestuous or adulterous
connexion, may be legitimated by the subsequent marriage of their father and
mother whenever the latter have legally acknowledged them for their
children, either before their marriage, or by the contract of marriage
itself."
3. In most of the other states the character of legitimate children is
given to those who are not so, by special acts of assembly. In Georgia, real
estate may descend from a mother to her illegitimate children and their
representatives, and from such child, for want of descendants, to brothers
and sisters, born of the same mother, and their representatives. Prince's
Dig. 202. In Alabama, Kentucky, Mississippi, Vermont and Virginia,
subsequent marriages of parents, and recognition by the father, legitimatize
an illegitimate child and in Massachusetts, for all purposes except
inheriting from their kindred. Mass. Rev. St. 414.
4. The subsequent marriage of parents legitimatizes the child in
Illinois, but he must be afterwards acknowledged. The same rule seems to
have been adopted in Indiana and Missouri. An acknowledgment of illegitimate
children, of itself, legitimatizes in Ohio, and in Michigan and Mississippi
marriage alone between the reputed parents has the same effect. In Maine, a
bastard inherits to one who is legally adjudged, or in writing owns himself
to be the father. A bastard may be legitimated in North Carolina, on
application of the putative father to court, either where he has married the
mother, or she is dead, or married another or lives out of the state. In a
number of the states, namely, in Alabama, Connecticut, Illinois, Indiana,
Kentucky, Maine, Massachusetts, Michigan, North Carolina, Ohio, Rhode
Island, Tennessee, Vermont, and Virginia, a bastard takes by descent from
his mother, with modifications regulated by the laws of these states. 2
Hill, Ab. s. 24 to 35, and the authorities there referred to. Vide Bastard;
Bastardy; Descent.