Legitimacy of children refers to the legal status of a child born within a marriage, indicating that the child is considered legitimate and has legal rights and privileges, including inheritance rights. Legitimacy is important because it determines the status of the child and the rights and obligations of the parents.
Under Hindu law, children born to a married couple are presumed to be legitimate, and they have the same legal rights and privileges as their parents. This presumption can be rebutted by evidence that proves that the child is not the biological child of the husband, such as DNA testing.
Children born outside of marriage are considered illegitimate under Hindu law. However, the Hindu Succession Act, 1956, provides that illegitimate children have the same inheritance rights as legitimate children in the property of their mother and her relatives. The Supreme Court of India has also held that illegitimate children have the right to inherit the property of their biological father if the father acknowledges the child or if the child can prove paternity.
In recent years, there have been legal and social changes in India regarding the status of illegitimate children. The Guardians and Wards Act, 1890, was amended in 1978 to remove the distinction between legitimate and illegitimate children regarding guardianship rights. The Hindu Adoptions and Maintenance Act, 1956, was also amended in 2015 to provide for the maintenance of illegitimate children by their biological father.
