Missouri Revised Statutes

Mo. Rev. Stat. § 474.070 (2026)

Legitimation by marriage

✓ current as of May 2026

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474.070. Legitimation by marriage. — If a man, having by a woman a child or children, afterward intermarries with her and recognizes the child or children to be his, they are thereby legitimated.

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(RSMo 1939 § 315, A.L. 1955 p. 385 § 242)

Prior revisions: 1929 § 315; 1919 § 312; 1909 § 341

(1967) This statute applies not only to a child born out of wedlock, but also to a child born in wedlock, but sired by a man who was not the mother's husband. The three essential elements of legitimation under this section are actual paternity, intermarriage and recognition. Simpson v. Blackburn (A.), 414 S.W.2d 795.

Notes of Decisions

Cited in 17 cases, 1960–2006 · leading case: State Ex Rel. Sanders v. Sauer, 183 S.W.3d 238 (Mo. 2006).

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State Ex Rel. Sanders v. Sauer, 183 S.W.3d 238 (Mo. 2006). · cites it 4× “An illegitimate child is considered the child of the father, for probate purposes, if either: (1) the parents were married or attempted to marry either before or after the child's birth; or (2) paternity is established "by an adjudication before the death of the father," or…”

State Ex Rel. T.A.B. v. Corrigan, 600 S.W.2d 87 (Mo. Ct. App. 1980). · cites it 4× “See also Section 474.070, Probate Code — Intestate Succession and Wills, which provides for legitimation of an illegitimate child.”

L_____ v. R____, 518 S.W.2d 113 (Mo. Ct. App. 1974). · cites it 6× “ageless presumption that a child born in wedlock is presumed to be the legitimate child of the parties joined in wedlock? Patently authoritative case law exists in this state that such a judgment and decree would not bastardize the male child, *125 but would legally constitute…”

Simpson v. Blackburn, 414 S.W.2d 795 (Mo. Ct. App. 1967). · cites it 4× “If plaintiff is the child of James Gilman, husband of her mother when plaintiff was conceived and born, she is not a Blackburn heir. But if plaintiff is the actual and recognized child of Clark Blackburn, her mother’s paramour, then plaintiff is an heir of Omer C.”

In Re Marriage of Wineland, 609 S.W.2d 464 (Mo. Ct. App. 1980). · cites it 3× “Section 474.070 RSMo 1978, the le *467 gitimation statute construed in Simpson v.”

Jeffries v. Jeffries, 840 S.W.2d 291 (Mo. Ct. App. 1992). “1980); § 474.070. The petition’s allegations were not inconsistent on their face or “an impossibility”, as Husband argues.”

Traders Bank of Kansas City v. Goulding, 711 S.W.2d 872 (Mo. 1986). · cites it 2× “762 (1921), which preceded it, involve the construction of §§ 474.070 and 474.080, RSMo 1978, then §§ 315 and 316, RSMo 1939.”

T. v. T., 447 S.W.2d 795 (Mo. Ct. App. 1969). · cites it 3× “The statutory authority upon which defendant must rely to support the court order recognizing the legitimacy of the male child and thereby justifying the child support order, is found in Section 474.”

C. B. F. v. H. F., 592 S.W.2d 279 (Mo. Ct. App. 1979). · cites it 2× “If the proof of legitimacy is established pursuant to § 474.070 we believe the child becomes a “child of the marriage” regardless of when he/she was born.”

N. D. L. v. Fam. & Child.'s Serv. of Greater St. Louis, 332 S.W.2d 62 (Mo. Ct. App. 1960). · cites it 3× “First, did the marriage, as shown by the evidence, legitimize the child? Second, what was the legal effect of the marriage relative to the *71 right of the appellant to revoke her consent ? The first question is resolved by the provisions of section 474.070 RSMo 1949, V. A.M.S.,…”

State ex rel. Lackey v. Hoester, 599 S.W.2d 272 (Mo. Ct. App. 1980). “If the proof of legitimacy is established pursuant to § 474.070 we believe the child becomes a ‘child of the marriage’ regardless of when he/she was born, [footnote omitted].”

O_f_l v. M_r_r, 518 S.W.2d 113 (Mo. Ct. App. 1974). · cites it 6× “ageless presumption that a child born in wedlock is presumed to be the legitimate child of the parties joined in wedlock? Patently authoritative case law exists in this state that such a judgment and decree would not bastardize the male child, *125 but would legally constitute…”

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