If the child cannot qualify under the invalid ceremonial provision of the act, it may be possible to find the child legitimate under a State void marriage statute.

1. a. 

   The States listed in GN 00306.040 have true void marriage statutes, which give the child of a void marriage legitimate status without court action. Generally, the child of an attempted marriage contracted in good faith by at least one of the parties is deemed the legitimate child of both parents.

2. b. 

   An attempted marriage may include attempted common-law marriages even if applicable State law does not recognize common-law marriage. An attempted common-law marriage includes a marriage which is invalid because of an impediment to a valid common-law marriage. For exceptions to these general rules, see GN 00306.040.

Those States listed in GN 00306.045 that do not have true void marriage statutes but have laws providing that a child of a marriage declared void by judicial decree may be considered or may be decreed legitimate.

Except for New York, submit cases involving these State laws to the Office of the General Counsel (OGC) under GN 01010.815 for an opinion on the child's legitimacy.

In some States, the void marriage statute applies only to children born after the void marriage. If there is no precedent opinion, where a child born before a void marriage claims to be legitimate because of a void marriage statute submit cases to OGC per GN 01010.815.