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Cornell Law Faculty Publications

2012

Family Law

Legal status of children

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The New Illegitimacy: Children Of Cohabiting Couples And Stepchildren, Cynthia Grant Bowman Jan 2012

The New Illegitimacy: Children Of Cohabiting Couples And Stepchildren, Cynthia Grant Bowman

Cornell Law Faculty Publications

The legal treatment of children of unmarried parents and stepchildren must be changed if they are not to be disadvantaged in comparison with children of married parents. With respect to the areas of law discussed in this Article, legal reform is necessary in a variety of situations in which legitimate children receive what is the functional equivalent of posthumous support-that is, inheritance in the absence of a will, social security survivors benefits, workers' compensation, and tort suits for wrongful death and loss of consortium. Cohabitants and stepchildren of both married and unmarried parents should be added to the persons listed …