04 Sep 16

Is a child considered to be illegitimate if the marriage is annulled?

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An annulment has no effect on the legitimacy of a child, born from a union. Children are legitimate, or illegitimate, based on their DNA and blood. The legitimacy of a child isn’t based on whether a marriage is annulled or not. Most of the time when an annulment is given, the children from the marriage are still considered legitimate.

In order for a child to be considered illegitimate, you need to be able to prove you aren’t the father/mother, of the child. If your spouse is able to prove that, by doing a DNA test – then the children may be illegitimate – in terms of child support, and child maintenance, payments.

If the spouse can prove the child wasn’t his, then the spouse may be able to avoid having to make any payments for the child. The marriage can be annulled, and the child will get no child support payments.


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