Are Children Born of a Marriage Which Is Subsequently Declared Void Legitimate ?

In Brazziel v. Spivey, 219 Ga. 445 (133 S.E.2d 885) (1963), our Supreme Court determined that the children born of a marriage that subsequently was declared void were legitimate.

In so deciding, the court relied upon the predecessor of O.C.G.A. § 19-3-5 (a) and concluded that in enacting the statute the legislature intended to remove the stigma of illegitimacy from innocent children.

Thus, the court determined, if the parents participated in a marriage ceremony, even though the marriage might ultimately be void, children born before the marriage was annulled or declared void were legitimate. the legislature's intent in rendering children of void marriages legitimate has been recognized repeatedly by Georgia courts.

See:

     Thompson v. Brown, 254 Ga. 191, 193 (1) (326 S.E.2d 733) (1985);

     Campbell v. Allen, 208 Ga. 274, 279 (2) (66 S.E.2d 226) (1951);

     Andrews v. Willis, 133 Ga. App. 697, 699 (212 S.E.2d 24) (1975).