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Report No. 15

37. Status of children born of void marriage.-three views.-

The problem arises only when the marriage is void. Three views are possible as to the status of children born of such a marriage:

(i) they must be regarded as illegitimate, because a void marriage has, in law, no existence, and the children of such a marriage can only be regarded as filius nullius;

(ii) they should be entitled to succeed to their parents, as if they were legitimate, provided the parents had contracted the marriage bona fide and without knowledge of any impediment;

(iii) they should, in all cases, be entitled to succeed to their parents as if they were legitimate.

Report on the Law of Christian Marriage and Divorce Back

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