Ewolucja statusu prawnego dzieci pozamałżeńskich w prawie szkockim (1836–2006)
The evolution of the legal status of extramarital children in Scottish law (1836–2006)

Summary/Abstract: This article concerns the process of redressing the diff erence in the legal situation of maritaland extramarital children in the Scottish legal system. The extent of discrimination against the lat-ter group concerned not only the spheres of their relationship with their father and his family, butalso personal private legal rights (such as the right to dispose of property mortis causa by meansof a will), as well as public rights. The process, which began in the 19th century, initially had thescope of incremental changes, but ones that paved the way for systemic reform in the 20th century.This in turn lead to the abolition of “illegitimacy” as a characteristic of an individual resultingfrom the form of his parents’ relationship at the time of conception or birth of the child, which tookplace in the 21st century, which at that time was in fact a purely symbolic motion. The problem of discrimination against extramarital children is a universal one. At the same time, the way and legalprocess over which the legal diff erences in the status of these two groups of children would havebeen completely eliminated will remain discrete and specifi c for each legal system.

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