| State |
Statutes referring to such children as "bastards" |
Statutes referring to such children as "illegitimate" |
Judges referring to such children as "illegitimate" |
| Alabama |
§ 26-11-1 |
|
1998 Ala. LEXIS 192 |
| Arkansas |
Const. amendment #67 |
§ 5-26-411 |
971 S.W.2d 263, 265 |
| California |
|
|
78 Cal.Rptr.2d 335, 347 |
| Colorado |
|
|
962 P.2d 339, 341 |
| Connecticut |
|
|
710 A.2d 1297, 1320 |
| Delaware |
10 Del. C. § 5117 |
|
|
| Florida |
|
|
1999 Fla.App. LEXIS 10064 |
| Georgia |
|
|
510 S.E.2d 823 |
| Illinois |
|
|
701 N.E.2d 1147, 1150 |
| Indiana |
|
|
689 N.E.2d 1265, 1268 |
| Iowa |
|
|
591 N.W.2d 182, 188 |
| Kansas |
|
|
923 P.2d 1044 |
| Kentucky |
|
|
965 S.W.2d 836, 839 |
| Louisiana |
§ C. C. Art. 238 |
|
715 So.2d 483, 487 |
| Maine |
14 M.R.S. § 711 |
|
|
| Maryland |
|
|
728 A.2d 743, 753 |
| Massachusetts |
|
|
711 N.E.2d 886, 890 |
| Michigan |
|
|
573 N.W.2d 291 |
| Minnesota |
|
|
1997 Min.App. LEXIS 1397 |
| Mississippi |
Chapter 9 |
§ 91-1-15 |
718 So.2d 1091 |
| Missouri |
|
|
959 S.W. 944 |
| Montana |
|
|
883 P.2d 1246, 1249, 1255 |
| Nebraska |
|
|
546 N.W.2d 61, 65-66 |
| Nevada |
|
|
889 P.2d 823, 828-829, 832 |
| New Mexico |
|
|
959 P.2d 540, 547 |
| New Jersey |
Title 9, ch.17, art.2 & 37:1-5 |
Title 9, subtitle 4 |
703 A.2d 901, 923-924 |
| New York |
|
|
692 N.Y.S.2d 569 |
| North Carolina |
Chapter 49 |
Chapter 49, Art. 1 |
505 S.E.2d 277 |
| Ohio |
|
§ 2919.21 |
1998 Ohio App. LEXIS 5044 |
| Oklahoma |
Title 21, § 53 |
|
942P.2d 235, 238 |
| Rhode Island |
§ 9-18-16 |
|
|
| South Carolina |
|
§ 20-1-60 |
498 S.E.2d 885 |
| South Dakota |
|
§ 25-6-1 |
569 N.W.2d 29, 33 |
| Tennessee |
§ 8-21-701 / § 16-16-114 |
|
1998 Miss. LEXIS 460 |
| Texas |
|
|
1997 Tex.App. LEXIS 4654 |
| Utah |
|
|
945 P.2d 113, 117 |
| Vermont |
12 V.S.A. § 1695 & § 3482 |
|
|
| Virginia |
|
|
1995 Va. App. LEXIS 560 |
| Washington |
|
§ 41.26.030 |
969 P.2d 113, 114-118 |
| West Virginia |
§ 42-1-5 |
|
511 S.E.2d 720, 797-800 |
| Wyoming |
|
|
923 P.2d 758, 763-765 |
Some Relevant Quotes:
From the Pennsylvania Superior Ct. in Miscovich
v. Miscovich (1997) 455 Pa. Super. 437, fn. 2:
"Throughout
history, illegitimate children were precluded from, among other legal rights, entering
certain professions. The Book of Deuteronomy states: 'A bastard shall not enter into the
congregation of the Lord; even to this tenth generation shall he not enter into the
congregation of the Lord. 'Duet. 23:2. At common law, a child born out of wedlock,
referred to as a bastard, was considered a non-person and was not entitled to support from
the father or inheritance from either parent. 1 W. Blackstone, Commentaries 459; Davis
v. Houston, 2 Yeates 280 (1878)."
From Louisiana's Civil Code, Article. 238:
"Illegitimate children generally
speaking, belong to no family, and have no relations; accordingly they are not submitted
to the paternal authority, even when they have been legally acknowledged."
From the Alaska Supreme Court in B.E.B.
v. B.E.B. (1999) 979 P.2d 514, 517:
"To be designated as an
illegitimate child in preadolescence is an emotional trauma of lasting consequence."
From Wash. Supreme Court Judge Charles Smith
in Guard v. Beeston (1997) 940 P.2d 642, 668:
"I write . . . to express my
concern over the perpetuation of the offensive term 'illegitimate' in referring to a child
born to parents not married to each other. Certainly, 'illegitimate' is a better word than
'bastard,' a word common in earlier statutes and decisions. RCW 4.24.010, at issue in this
case, uses the term 'illegitimate child.' An innocent child is still stigmatized by that
reference. We have made great strides in amending statutes to remove age-old terms which
are offensive in our present-day society. The legislative process can use words which
convey the same meaning, but are less demeaning to children." |