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.