TN 28 (01-02)

A. Policy

1. General

A child born illegitimate may be legitimated under some State laws by the acts of his/her parent(s). A legitimated child has inheritance rights in the NH's intestate personal property.

2. Dependency

A legitimated child is deemed dependent unless adopted by someone other than the NH (see GN 00306.165 ff.).

3. Effective Date

Under current State laws, a child legitimated after birth is considered to be legitimate from birth. See GN 00306.085. Also see the NOTE at the beginning of the Louisiana entry in GN 00306.505, indicating that under current Louisiana law, legitimacy is irrelevant to a determination of inheritance rights, and a child's inheritance rights operate retroactively.

B. References

• See GN 00306.400 - GN 00306.680 for digest of State legitimation laws.

• See GN 00306.001 - GN 00306.005 for which State law to apply; applicability of State court decisions; and development when constitutionality issues are raised.

• See GN 00306.075B. for which version of State law to apply.

• See GN 00306.005 for change of domicile.

• See SSR 61-64 for a ruling on legitimation.