"Why Bastard,Wherefore Base?"

Abstract

Although the modern trend is toward a measure of legal equality between legitimate and illegitimate children of the same father, many states have not kept pace with the times. Ancient prejudice still shapes much of the law that denies the person of illegitimate birth a fair legal relationship with his father in matters of support and inheritance and in various other areas. A 1968 decision of the United States Supreme Court should bring substantial legal equality to the illegitimate child as a matter of constitutional law. This article discusses the prospect of such a development as well as its specific meaning for the person of illegitimate birth. Present law is presented in some detail in order to provide a frame of reference.