RDRM22210 - Domicile: Categories of domicile: Domicile of dependence - Position of children

This section deals with the common law position, which has been modified by statute (refer to RDRM22200).

Broadly, a child is regarded as 바카라 사이트˜legitimate바카라 사이트™ if its parents were legally married at the time of its birth.

A child born outside of wedlock is 바카라 사이트˜illegitimate바카라 사이트™ at its birth. Such a child may later be 바카라 사이트˜legitimated바카라 사이트™ if his mother and father marry.

Bear in mind that the terms 바카라 사이트˜legitimate바카라 사이트™ and 바카라 사이트˜illegitimate바카라 사이트™ are legal ones and are used here in this context. However, you should be very sensitive in using them in discussions with individuals, as in some circumstances they may be perceived as pejorative.

The position in Scotland is different. The Family Law (Scotland) Act 2006 introduced changes in the use of legitimacy as a factor in determining domicile in Scots law (refer to RDRM22120)

Legitimate Children

A legitimate child바카라 사이트™s domicile changes with the domicile of its father. Therefore any change in the domicile of his father after the child바카라 사이트™s birth will be passed to the child as a domicile of dependency. This principle is generally accepted, but it should be noted that it has not been applied in every case.

In the case of the father바카라 사이트™s death the child바카라 사이트™s domicile changes with that of its mother unless:

  • there is any question of fraudulent intent to defeat the child바카라 사이트™s rights through such a change, or
  • The child does not change his residence and go to live with her.

The domicile of origin of a child born after its father바카라 사이트™s death is that of its mother바카라 사이트™s, and its domicile of dependence changes with the domicile of its mother.

In the event of the death of both parents refer to the paragraph on orphans below.

Illegitimate Children

The domicile of an illegitimate child changes with that of its mother.

Legitimated Children

A child born outside marriage takes the domicile of its father as a domicile of dependence from the date of its parents바카라 사이트™ marriage.

Orphans

A child whose parents are dead may later be adopted; in which case his domicile will follow that of his adoptive father or mother (refer to RDRM22110).

An orphaned child who is not adopted probably cannot change any domicile (of dependence) he held at the date of its parent바카라 사이트™s death until he reaches the age of legal capacity.