Legitimacy and Legitimation Laws Under Private International Law

Abstract

This article examines the concepts of legitimacy and legitimation in private international law, focusing on the legal systems of India and England, particularly the Hindu law and the Muslim law. Legitimacy refers to the legal status of a child born in wedlock, whereas illegitimacy refers to state of child being born to unmarried parents. Legitimation is the process by which a child who is
illegitimate becomes legitimate under the law. Conflict of laws in international transactions and relations can arise due to varying legal rules and principles of legitimacy and legitimation across countries. Private international law provides a framework for resolving such conflicts of laws. In England, legitimacy is determined by the common law presumption of paternity, whereas in India, legitimacy is primarily governed by the Hindu law and the Muslim law. Legitimation in both countries is achieved through various means recognized by law, such as adoption, acknowledgment of paternity, or marriage of the parents. The legal effect of legitimation is different under Hindu law and Muslim law. Under Hindu law, legitimation creates a legal relationship between the child and the father, while under Muslim law, legitimation creates a legal relationship between the child and the mother. The essay concludes by emphasizing the importance of understanding the legal concepts of legitimacy and legitimation in private international law in order to resolve conflicts of laws and ensure equal legal status and rights for all children, regardless of their birth status.