Ky. Rev. Stat. » Chapter 391
Kentucky Revised Statutes

Ky. Rev. Stat. § 391.100 (2026)

Children of illegal or void marriages considered as if born in lawful

✓ current as of May 2026
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wedlock. The issue of all illegal or void marriages is considered as if born in lawful wedlock. Effective: July 13, 1984 History: Amended 1984 Ky. Acts ch. 16, sec. 8, effective July 13, 1984. -- Amended 1974 Ky. Acts ch. 49, sec. 5. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2098.

Notes of Decisions
Cited in 6 cases (1 in the last 5 years), 1951–2022 · leading case: Age v. Age, 340 S.W.3d 88 (Ky. Ct. App. 2011).
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Age v. Age, 340 S.W.3d 88 (Ky. Ct. App. 2011). “KRS 391.100, however, states that children born of illegal or void marriages are "considered as if born in lawful wedlock.”
Copenhaver v. Hemphill, 235 S.W.2d 778 (Ky. Ct. App. 1951). · cites it 2× “The principal question is whether or not appellee was legitimized under KRS 391.100 so that she may inherit from her putative father.”
Pendleton Ex Rel. Gadd v. Pendleton, 531 S.W.2d 507 (Ky. Ct. App. 1975). “Cecil’s claim as the heir of his father is made in the alternative, as follows: KRS 391.100 provides (1) that the issue of an incestuous marriage is not legitimate and (2) that “the issue of all other illegal or void marriages is legitimate.”
Murray v. Murray, 549 S.W.2d 839 (Ky. Ct. App. 1977). · cites it 2× “Is the Appellant a legitimate child by reason of KRS 391.100(2)? 3. Are the Findings of Fact and Conclusions of Law of the trial court supported by substantial evidence? 4.”
Smith v. Smith, 242 S.W.2d 860 (Ky. Ct. App. 1951). ““The determination of the custody of the infant son of plaintiff and defendant is a question which gives me grave concern.”
Abby L. Dozier v. Walter H. Dozier, Jr. (Deceased) (Ky. Ct. App. 2022). “See KRS 391.100 (stating that “[t]he issue of all illegal or void marriages is considered as if born in lawful wedlock”); and KRS 391.”
— Ky. Rev. Stat. § 391.100(2) — 1 case
Murray v. Murray, 549 S.W.2d 839 (Ky. Ct. App. 1977). “Is the Appellant a legitimate child by reason of KRS 391.100(2)? 3. Are the Findings of Fact and Conclusions of Law of the trial court supported by substantial evidence? 4.”
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