TN 26 (12-98)

A. Definition

A voidable marriageis one that can be adjudged void by a court but is considered valid unless and until it is declared void (see GN 00305.050).

B. Policy

1. Marriage Not Annulled

A child born of a voidable marriage which has not been annulled is legitimate in all States.

2. Marriage Annulled

If a child was born of a voidable marriage which has been annulled, the invalid ceremonial marriage provision or section 216(h)(3) of the Act may apply. If not, and you have no precedent opinion, submit the case to the RCC per GN 01010.815 ff. for an opinion on the child's legitimacy.