TN 26 (12-98)

GN 00306.045 States in Which Child of Marriage Declared Void by Judicial Decree Is or May Be Decreed Legitimate

POLICY

The States that have such statutes are listed below. Comments about the applicability of the statute are listed in the right column. A dash indicates no comment.

STATEAPPLICABILITY
Iowa
Maine
Massachusetts
New Mexico
New York

Unless State court prior to 4/17/61 has found child to be illegitimate, child born of a void ceremonial marriage is deemed to be legitimate child of either parent. Good faith or competence to marry on part of either party need not be shown. If common-law marriage is alleged, child born of such “void marriage” may be considered the legitimate child of either parent if at least one of the parents entered into the purported marriage in good faith.

Vermont
Wyoming
 

NOTE: See GN 00306.035B.3. for instructions concerning submittal to the RCC.


To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/0200306045
GN 00306.045 - States in Which Child of Marriage Declared Void by Judicial Decree Is or May Be Decreed Legitimate - 04/24/2001
Batch run: 01/27/2009
Rev:04/24/2001