Law

From 'bastard' to equal child: the law on children born outside marriage

By the fornication.info editorial teamTopic sheet · full article in preparation4 sources
Big Ben in London: a courthouse and the scales of justice, with people in today's clothes.
Original illustration by fornication.info
In short

Largely, yes. The Family Law Reform Act 1987 sets the general principle that family relationships in England and Wales are read without regard to whether a child's parents were married, and it abolished affiliation proceedings. The Legitimacy Act 1926 had already allowed legitimation by the parents' later marriage. In 2022, 51.4% of births were outside marriage.

What the full article will cover

  1. What did 'illegitimacy' mean in English law?
  2. What did the Legitimacy Act 1926 change?
  3. How did the Family Law Reform Act 1987 remove the distinction?
  4. Are any differences left today?
  5. How common are births outside marriage now?

Frequently asked questions

  • Does an unmarried father have parental responsibility?
  • Can a child born outside marriage inherit from both parents?
  • Are hereditary titles still restricted to children of married parents?
  • Is the word 'illegitimate' still used in UK law?

Sources

  1. legislation.gov.uk — https://www.legislation.gov.uk/ukpga/1987/42/section/1
  2. legislation.gov.uk — https://www.legislation.gov.uk/ukpga/1987/42/contents
  3. legislation.gov.uk — https://www.legislation.gov.uk/ukpga/Geo5/16-17/60/contents
  4. ons.gov.uk — https://www.ons.gov.uk/peoplepopulationandcommunity/birthsdeathsandmarriages/livebirths/bulletins/birthcharacteristicsinenglandandwales/2022

General information, not legal or religious advice.

Related topics