The Assumption of Child Legitimacy in the Case of Polygamous Marriage
Polygamous marriage is the marriage of men and women who violate the conditions of marriage by getting marriage with the one who has a spouse according to Section 1452, and it is considered as void by law. Under Section 1495, any stakeholder can claim or appeal to the court to judge the marriage as void. However, the claim from the stakeholder in the polygamous marriage is only to protect the interests of the nullity of the void marriage. The marriage registrar will be able to record the nullity only when the court has finally judged that the marriage is void under Section 1497/1. Therefore, if the husband or wife who is legally married can also claim to the marriage registrar to make the marriage becomes void in another way, it can protect more interests of the stakeholders. In the case of having polygamous marriage for several times, if the facts turn out that the last married man denied being the father of the child, the paternity determination according to the legal assumption should be turned out that the child is legitimate of the husband in the previous marriage, and it should be reversed in sequence instead of applying the clause under Section 1536 to be enforced. Thus, it is to determine the paternity of the child according to the reality in order to prevent the prosecution to deny a legitimate child.
Index Terms - Family, Law, Legitimate child, Polygamous marriage.