Legitimacy , in traditional Western common law , is the status of a child born to parents who are legally married to each other, and of a child conceived before the parents obtain a legal divorce . Conversely, illegitimacy , also known as bastardy , has been the status of a child born outside marriage, such a child being known as a bastard , a love child , a natural child , or illegitimate . In Scots law , the terms natural son and natural daughter carry the same implications.
60-529: [REDACTED] Look up bastard in Wiktionary, the free dictionary. Bastard or The Bastard may refer to: Parentage [ edit ] Illegitimate child , a child born to unmarried parents, in traditional Western family law Bastard, an archaic term used in English and Welsh bastardy laws , reformed in 1926 People [ edit ] "The Bastard",
120-523: A safe haven if celebrated in an Anglican church. Still, many "clandestine" marriages occurred. In many societies, people born out of wedlock did not have the same rights of inheritance as those within it, and in some societies, even the same civil rights . In the United Kingdom and the United States, as late as the 1960s and in certain social strata even up to today, nonmarital birth has carried
180-418: A social stigma . In previous centuries unwed mothers were socially pressured to give their children up for adoption . In other cases nonmarital children have been reared by grandparents or married relatives as the "sisters", "brothers" or "cousins" of the unwed mothers. In most national jurisdictions , the status of a child as a legitimate or illegitimate heir could be changed—in either direction—under
240-448: A 1929 novel by Erskine Caldwell Bastard!! , a manga by Kazushi Hagiwara (since 1988) The Bastard (novel) , a 1974 novel by John Jakes " Bâtard " ("Bastard" or "Mongrel"), a 1902 short story by Jack London Der momzer ( The Bastard ), a Yiddish play by Jacob Mikhailovich Gordin La Bâtarde , memoir by Violette Leduc Fonts [ edit ] Bastard (typeface) ,
300-476: A 1963 film by Seijun Suzuki The Bastard (1978 film) , a 1978 film based on the John Jakes novel Bastard (1997 film) , a Polish-German-French film Bastard , a 2010 short film directed by Kirsten Dunst The Bastard (2023 film) , a Danish-language film by Nikolaj Arcel The Bastard (miniseries) , a 1978 made-for-television adaptation of the John Jakes novel I bastardi ( The Bastards ),
360-400: A 25 percent increase from 2002. Most births to teenagers in the United States (86% in 2007) are nonmarital; in 2007, 60% of births to women 20–24, and nearly one-third of births to women 25–29, were nonmarital. In 2007, teenagers accounted for just 23% of non-marital births, down steeply from 50% in 1970. In 2014, 42% of all births in the 28 EU countries were nonmarital. The percentage
420-535: A Schizophrenic , 1979 "Bastard", by Mötley Crüe from Shout at the Devil , 1983 "Bastard", by Oomph! from Unrein , 1998 "Bastard", by Soulfly from Enslaved , 2012 "Bastard (Satan's Kid)", by Lil Wayne from Funeral , 2020 "The Bastard", by Pet Lamb from Sweaty Handshake , 1995 "The Bastard", by the Tragically Hip from Music @ Work , 2000 Publications [ edit ] The Bastard ,
480-650: A blackletter typeface Bastarda or bastard, a Gothic script Other uses [ edit ] Bastard (color) , a type of color gel Bastard Township, Ontario , Canada Bastard, a classification of the teeth of a metalworking file Bastard, a second-rate wine, distinguished from sack The Bastard, the horse that won the 1930 Yorkshire Cup See also [ edit ] All pages with titles beginning with Bastard All pages with titles containing Bastard Bastard of Winterfell, alias name of Jon Snow (character) , in Game of Thrones Bastardia ,
540-602: A character in Shakespeare's play King John "The Bastard", ring name for Pac (wrestler) (born Benjamin Satterley, 1986) Bastard (surname) , including a list of people with that name List of people known as the Bastard Film and television [ edit ] Bastard (1940 film) , a Swedish-Norwegian film The Bastard (1954 film) , a 1954 Argentine film directed by Lucas Demare The Bastard (1963 film) ,
600-619: A genus of flowering plants Bastardisation (disambiguation) Bastardo (disambiguation) Bastards (disambiguation) Bastardy (film) , a 2008 Australian documentary film Bastardy (play) , a 1972 play by Australian playwright John Romeril Baster , a descendant of liaisons between the Cape Colony Dutch and indigenous Africans Fat Bastard , Austin Powers character Vyvyan Basterd , character in 80s British comedy series The Young Ones Alan and Sara B'Stard, characters in
660-535: A natural son of Robert III of Scotland was ancestral to the Shaw Stewarts of Greenock . In Scots law an illegitimate child, a "natural son" or "natural daughter", would be legitimated by the subsequent marriage of his parents, provided they had been free to marry at the date of the conception. The Legitimation (Scotland) Act 1968 extended legitimation by the subsequent marriage of the parents to children conceived when their parents were not free to marry, but this
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#1732837814859720-557: Is considerably higher (by roughly 10%, for the EU), as marriage often takes place after the first baby has arrived. For example, for the Czech Republic, whereas the total nonmarital births are less than half, 47.7%, (third quarter of 2015) the percentage of first-born outside marriage is more than half, 58.2%. In Australia , in 1971, only 7% of births were outside of marriage, compared to 36% in 2020. The proportion of births outside of marriage
780-615: Is different from Wikidata All article disambiguation pages All disambiguation pages Illegitimate child The importance of legitimacy has decreased substantially in Western developed countries since the sexual revolution of the 1960s and 1970s and the declining influence of Christian churches, especially Catholic , Anglican , and Lutherans , in family and social life. A substantial proportion of births are now outside marriage, in multiple countries in Western Europe ,
840-630: Is listed on the birth certificate . In the United States, in the early 1970s a series of Supreme Court decisions held that most common-law disabilities imposed upon illegitimacy were invalid as violations of the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution . Still, children born out of wedlock may not be eligible for certain federal benefits (e.g., automatic naturalization when
900-487: The Americas , and in many former European colonies. England 's Statute of Merton (1235) stated, regarding illegitimacy: "He is a bastard that is born before the marriage of his parents." This definition also applied to situations when a child's parents could not marry, as when one or both were already married or when the relationship was incestuous. The Poor Act 1575 formed the basis of English bastardy law. Its purpose
960-1215: The Dominican Republic , 58% in Argentina , 55% in Mexico . In Brazil , non-marital births increased to 65.8% in 2009, up from 56.2% in 2000. In Chile , non-marital births increased to 70.7% in 2013, up from 48.3% in 2000. Even in the early 1990s, the phenomenon was very common in Latin America. For example, in 1993, out-of-wedlock births in Mexico were 41.5%, in Chile 43.6%, in Puerto Rico 45.8%, in Costa Rica 48.2%, in Argentina 52.7%, in Belize 58.1%, in El Salvador 73%, in Suriname 66%, and in Panama 80%. Out-of-wedlock births are less common in Asia: in 1993
1020-596: The Roman Catholic Church ) was traditionally very strong, the social changes of the 1960s and 1970s have led to a negative reaction of the population against the lifestyles promoted by the church. One of the explanations of the current high rates of unmarried cohabitation in Quebec is that the traditionally strong social control of the church and the Catholic doctrine over people's private relations and sexual morality has led
1080-728: The United States were born to unmarried mothers, a significant increase from the 5% of half a century earlier. That includes 73% of non-Hispanic black children, 53% of Hispanic children (of all races), and 29% of non-Hispanic white children. In 2020, the proportion was almost similar, with 40.5% of children born in the United States being born to unmarried mothers. In April 2009, the National Center for Health Statistics announced that nearly 40 percent of American infants born in 2007 were born to an unwed mother ; that of 4.3 million children, 1.7 million were born to unmarried parents,
1140-415: The civil law : A legislative act could deprive a child of legitimacy; conversely, a marriage between the previously unmarried parents, usually within a specified time, such as a year, could retroactively legitimate a child's birth. Fathers of illegitimate children often did not incur comparable censure or legal responsibility, due to social attitudes about sex , the nature of sexual reproduction, and
1200-547: The nationality laws of many countries, which do not apply jus sanguinis (nationality by citizenship of a parent) to children born out of wedlock, particularly in cases where the child's connection to the country lies only through the father. This is true, for example, of the United States, and its constitutionality was upheld in 2001 by the Supreme Court in Nguyen v. INS . In the UK,
1260-496: The 1970s and 1980s included legalization of divorce , decriminalization of adultery , introduction of gender equality in family law , and removal of the ban on contraception . In many countries there has been a dissociation between marriage and fertility, with the two no longer being closely associated—with births to unmarried couples, as well as childless married couples, becoming more common and more socially acceptable. Contributions to these societal changes have been made by
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#17328378148591320-476: The 1987 TV series The New Statesman Topics referred to by the same term [REDACTED] This disambiguation page lists articles associated with the title Bastard . If an internal link led you here, you may wish to change the link to point directly to the intended article. Retrieved from " https://en.wikipedia.org/w/index.php?title=Bastard&oldid=1258949237 " Category : Disambiguation pages Hidden categories: Short description
1380-1036: The Humber , 52% in East Midlands , 50.8% in Scotland , 50.4% in West Midlands , 48.5% in South West England , 45.5% in East of England , 43.2% in Northern Ireland , 42.9% in South East England , and 35.7% in London . In France, in 2012, 66.9% of births were non-marital in Poitou-Charentes , while only 46.6% were in Ile-de-France (which contains Paris ). One of the reasons for the lower prevalence of non-marital births in
1440-598: The Legitimation (Scotland) Act 1968 extended this right to children conceived when their parents were not free to marry. The Family Law Reform Act 1969 (c. 46) allowed a bastard to inherit on the intestacy of his parents. In canon and in civil law , the offspring of putative marriages have also been considered legitimate. Since December 2003 in England and Wales , April 2002 in Northern Ireland and May 2006 in Scotland , an unmarried father has parental responsibility if he
1500-445: The UK in 1981 and by Ireland in 1988. In later years, the inheritance rights of many illegitimate children have improved, and changes of laws have allowed them to inherit properties. More recently, the laws of England have been changed to allow illegitimate children to inherit entailed property, over their legitimate brothers and sisters. Despite the decreasing legal relevance of illegitimacy, an important exception may be found in
1560-460: The born during the matrimony, out of matrimony and of the adopted children" as one of the principles of family law. The European Convention on the Legal Status of Children Born out of Wedlock came into force in 1978. Countries which ratify it must ensure that children born outside marriage are provided with legal rights as stipulated in the text of this convention. The convention was ratified by
1620-418: The child." Under English law , a bastard could not inherit real property and could not be legitimized by the subsequent marriage of father to mother. There was one exception: when his father subsequently married his mother, and an older illegitimate son (a "bastard eignè") took possession of his father's lands after his death, he would pass the land on to his own heirs on his death, as if his possession of
1680-434: The children. In criticizing the priests who refused to baptize out-of-wedlock children, Pope Francis argued that the mothers had done the right thing by giving life to the child and should not be shunned by the church: In our ecclesiastical region there are priests who don't baptise the children of single mothers because they weren't conceived in the sanctity of marriage. These are today's hypocrites. Those who clericalise
1740-422: The church. Those who separate the people of God from salvation. And this poor girl who, rather than returning the child to sender, had the courage to carry it into the world, must wander from parish to parish so that it's baptised! The proportion of children born outside marriage has been rising since the turn of the 21st century in most European Union countries, North America, and Australia. In Europe, besides
1800-405: The difficulty of determining paternity with certainty . By the final third of the 20th century, in the United States , all the states had adopted uniform laws that codified the responsibility of both parents to provide support and care for a child, regardless of the parents ' marital status , and gave non-marital as well as adopted persons equal rights to inherit their parents' property. In
1860-418: The early 1970s, a series of Supreme Court decisions abolished most, if not all, of the common-law disabilities of non-marital birth, as being violations of the equal-protection clause of the Fourteenth Amendment to the United States Constitution . Generally speaking, in the United States, "illegitimate" has been supplanted by the phrase "born out of wedlock." Sweaty Handshake Sweaty Handshake
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1920-566: The father becomes a US citizen) unless the child has been legitimized in the appropriate jurisdiction. Many other countries have legislatively abolished any legal disabilities of a child born out of wedlock. In France , legal reforms regarding illegitimacy began in the 1970s, but it was only in the 21st century that the principle of equality was fully upheld (through Act no. 2002-305 of 4 March 2002, removing mention of "illegitimacy" — filiation légitime and filiation naturelle ; and through law no. 2009-61 of 16 January 2009). In 2001, France
1980-477: The father being fertile, there was a presumption of paternity that a married woman's child was her husband's child. That presumption could be questioned, though courts generally sided with the presumption, thus expanding the range of the presumption to a "Seven Seas Rule". But it was only with the Marriage Act 1753 that a formal and public marriage ceremony at civil law was required, whereas previously marriage had
2040-632: The increase in nonmarital births from the late 20th century on has been linked to secularization, enhanced women's rights and standing in society, and the fall of authoritarian dictatorships. Before the dissolution of Marxist–Leninist regimes in Europe, women's participation in the workforce was actively encouraged by most governments, but socially conservative regimes such as that of Nicolae Ceausescu practiced restrictive and natalist policies regarding family reproduction, such as total bans on contraception and abortion, and birth rates were tightly controlled by
2100-503: The land had been retroactively converted into true ownership. A younger non-bastard brother (a "mulier puisnè") would have no claim to the land. There were many "natural children" of Scotland 's monarchy granted positions which founded prominent families. In the 14th century, Robert II of Scotland gifted one of his illegitimate sons estates in Bute , founding the Stewarts of Bute , and similarly
2160-573: The low levels of fertility rates and the delay of motherhood, another factor that now characterizes fertility is the growing percentage of births outside marriage. In the EU , this phenomenon has been on the rise in recent years in almost every country; and in eight EU countries, mostly in northern Europe, as well as in Iceland outside of the EU, it already accounts for the majority of births. In 2009, 41% of children born in
2220-544: The meantime. The Legitimacy Act 1959 extended the legitimisation even if the parents had married others in the meantime and applied it to putative marriages which the parents incorrectly believed were valid. Neither the 1926 nor 1959 Acts changed the laws of succession to the British throne and succession to peerage and baronetcy titles. In Scotland children legitimated by the subsequent marriage of their parents have always been entitled to succeed to peerages and baronetcies and
2280-423: The media, but research by sociologist Michael Gilding traced these overestimates back to an informal remark at a 1972 conference. The detection of unsuspected illegitimacy can occur in the context of medical genetic screening, in genetic family name research, and in immigration testing. Such studies show that covert illegitimacy is in fact less than 10% among the sampled African populations, less than 5% among
2340-648: The metropolis is the high number of immigrants from conservative world regions. In Canada, in Quebec , the majority of births since 1995 onwards have been outside marriage. As of 2015, 63% of births were outside marriage in Quebec. Traditionally conservative Catholic countries in the EU now also have substantial proportions of non-marital births, as of 2016 (except where otherwise stated): Portugal (52.8% ), Spain (45.9%), Austria (41.7% ), Luxembourg (40.7% ) Slovakia (40.2% ), Ireland (36.5%), Malta (31.8% ) The percentage of first-born children born out of wedlock
2400-408: The notions of reproductive and sexual rights, individuals—not the state, church, community, etc.—shall decide whether and when individuals shall have children, their number and spacing, the circumstances under which individuals will or will not be sexually active, and their choice of intimate partners and type of relationship. It is argued that in some places where the control of the church (especially
2460-1060: The original Italian title of the 1968 film released in English as The Cats Music [ edit ] Albums [ edit ] Bastard (Colin Newman album) , 1997 Bastard (Stahlmann album) or the title song, 2017 Bastard (Tyler, the Creator album) or the title song, 2009 Bastard , by Kat , 1992 Bastard , by Subway to Sally , 2007 The Bastard (album) , by Hammers of Misfortune, 2001 The Bastard , by BZN , 1971 Songs [ edit ] "Bastard", by Ben Folds from Songs for Silverman , 2005 "Bastard", by David Byrne from Lead Us Not into Temptation , 2003 "Bastard", by Devin Townsend from Ocean Machine: Biomech , 1997 "Bastard", by Dope from American Apathy , 2005 "Bastard", by Dysrhythmia from Pretest , 2003 "Bastard", by Ian Hunter from You're Never Alone with
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2520-463: The policy was changed so that children born after 1 July 2006 could receive British citizenship from their father if their parents were unmarried at the time of the child's birth; illegitimate children born before this date cannot receive British citizenship through their father. Legitimacy also continues to be relevant to hereditary titles, with only legitimate children being admitted to the line of succession . Some monarchs, however, have succeeded to
2580-718: The population - see religion in Europe ) correlates with the proportion of non-marital births (e.g., Greece, Cyprus, Croatia have a low percentage of births outside marriage), but this is not always the case: Portugal (56% in 2018 ) is among the most religious countries in Europe. The proportion of non-marital births is also approaching half in the Czech Republic (48.5%. in 2021 ), the United Kingdom (48.2% as of 2017 ) and Hungary (46.7% as of 2016 ). The prevalence of births to unmarried women varies not only between different countries, but also between different geographical areas of
2640-535: The population to rebel against traditional and conservative social values; since 1995 the majority of births in this province are outside marriage, and as of 2015, in Quebec, 63% of children were born to unmarried women. The past few decades have seen decreased marriage rates in most Western countries, and this decrease has been accompanied by increased emergence of non-traditional family forms. Average marriage rates across OECD countries have fallen from 8.1 marriages per 1,000 people in 1970 to 5.0 in 2009. Research on
2700-826: The rate in Japan was 1.4%; in Israel , 3.1%; in China , 5.6%; in Uzbekistan , 6.4%; in Kazakhstan , 21%; and in Kyrgyzstan , 24%. However, in the Philippines , the out-of-wedlock birth rate was 37% in 2008–2009, which skyrocketed to 52.1% by 2015. Covert illegitimacy is a situation which arises when someone who is presumed to be a child's father (or mother) is in fact not the biological father (or mother). Frequencies as high as 30% are sometimes assumed in
2760-793: The same country: for example, in Germany, there are very strong differences between the regions of former West Germany and East Germany with a non-religious majority. Significantly more children are born out of wedlock in eastern Germany than in western Germany. In 2012, in eastern Germany 61.6% of births were to unmarried women, while in western Germany only 28.4% were. In the UK, in 2014, 59.4% of births were non-marital in North East of England , 58.9% in Wales , 54.2% in North West England , 52.4% in Yorkshire and
2820-491: The sampled Native American and Polynesian populations, less than 2% of the sampled Middle Eastern population, and generally 1%–2% among European samples. The rise in illegitimacy noted in Britain throughout the eighteenth century has been associated with the rise of new employment opportunities for women, making them less dependent upon a husband's earnings. However, the Marriage Act 1753 sought to curb this practice, by combining
2880-529: The situation in Bulgaria has concluded that: [The rise in unmarried cohabitation] shows that for many people it is not of great importance [whether] their union is a legal marriage or [a] consensual union. This [indicates] clear changes in [people's] value orientations [...] and less social pressure for marriage. Certainty of paternity has been considered important in a wide range of eras and cultures, especially when inheritance and citizenship were at stake, making
2940-529: The spousals and nuptials; and by the start of the 19th century, social convention prescribed that brides be virgins at marriage, and illegitimacy became more socially discouraged, especially during the Victorian era . Later in the 20th century, the social changes of the 1960s and 1970s started to reverse this trend, with an increase in cohabitation and alternative family formation. Elsewhere in Europe and Latin America,
3000-506: The state. After the dissolution of those regimes, the population was given more choices on how to organize their personal lives, and in regions such as former East Germany, the rate of births outside marriage increased dramatically: as of 2012, 61.6% of births there were outside marriage. Far-right regimes such as those of Francoist Spain and Portugal's Estado Novo also fell, leading to the democratization and liberalization of society. In Spain and Portugal, important legal changes throughout
3060-457: The status of legitimacy of children born to the couple during their putative marriage , i.e. , between their marriage ceremony and the legal annulment of their marriage. For example, canon 1137 of the Roman Catholic Church 's Code of Canon Law specifically affirms the legitimacy of a child born to a marriage that is declared null following the child's birth. The Catholic Church is also changing its attitude toward unwed mothers and baptism of
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#17328378148593120-479: The throne despite the controversial status of their legitimacy. For example, Elizabeth I succeeded to the throne though she was legally held illegitimate as a result of her parents' marriage having been annulled after her birth. Her older half-sister Mary I had acceded to the throne before her in a similar circumstance: her parents' marriage had been annulled in order to allow her father to marry Elizabeth's mother . Annulment of marriage does not currently change
3180-409: The tracking of a man's estate and genealogy a central part of what defined a "legitimate" birth. The ancient Latin dictum, " Mater semper certa est " ("The [identity of the] mother is always certain", while the father is not), emphasized the dilemma. In English common law , Justice Edward Coke in 1626 promulgated the "Four Seas Rule" ( extra quatuor maria ) asserting that, absent impossibility of
3240-521: The weakening of social and legal norms that regulate peoples' personal lives and relations, especially in regard to marriage, secularization and decreased church control of reproduction, increased participation of women in the labor force , changes in the meaning of marriage, risk reduction, individualism, changing views on female sexuality , and availability of contraception . New concepts have emerged, such as that of reproductive rights , though these concepts have not been accepted by all cultures. Under
3300-523: Was also 42% in 2018. In 2018, births outside of marriage represented the majority of births in eight EU member states: France (60%), Bulgaria (59%), Slovenia (58%), Portugal (56%), Sweden (55%), Denmark and Estonia (both 54%), and the Netherlands (52%). The lowest percentage were in Greece, Cyprus, Croatia, Poland and Lithuania, with a percentage of under 30%. To a certain degree, religion (the religiosity of
3360-523: Was forced by the European Court of Human Rights to change several laws that were deemed discriminatory, and in 2013 the Court ruled that these changes must also be applied to children born before 2001. In some countries, the family law itself explicitly states that there must be equality between the children born outside and inside marriage: in Bulgaria, for example, the new 2009 Family Code lists "equality of
3420-508: Was repealed in 2006 by the amendment of section 1 of the Law Reform (Parent and Child) (Scotland) Act 1986 (as amended in 2006) which abolished the status of illegitimacy stating that "(1) No person whose status is governed by Scots law shall be illegitimate ...". The Legitimacy Act 1926 of England and Wales legitimised the birth of a child if the parents subsequently married each other, provided that they had not been married to someone else in
3480-480: Was the debut compilation album by Irish rock band Pet Lamb . It was released 27 January 1995 through Roadrunner Records . It is a compilation of two EPs released through Dublin based indie label Blunt Records – Paranoid from the Neck Down released 1 March 1993, and Spent released 5 January 1994. Two additional tracks recorded in 1994, 'All Time Low' and 'I Got Played', as well as additional instrumental segues at
3540-719: Was the highest in the Northern Territory (59%) and the lowest in the ACT (28%). Latin America has the highest rates of non-marital childbearing in the world (55–74% of all children in this region are born to unmarried parents). In most countries in this traditionally Catholic region, children born outside marriage are now the norm. Recent figures from Latin America show non-marital births to be 74% in Colombia , 70% in Paraguay , 69% in Peru , 63% in
3600-438: Was to punish a bastard child's mother and putative father, and to relieve the parish from the cost of supporting mother and child. "By an act of 1576 ( 18 Elizabeth C. 3), it was ordered that bastards should be supported by their putative fathers, though bastardy orders in the quarter sessions date from before this date. If the genitor could be found, then he was put under very great pressure to accept responsibility and to maintain
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