{"jurisdiction": "us-ny", "code": "drl", "section": "175", "citation": "DRL § 175", "heading": "Legitimacy of children", "text": ["§ 175. Legitimacy of children. 1. Where the action for divorce is brought by the wife, the legitimacy of any child of the parties, born or begotten before the commencement of the action, is not affected by the judgment dissolving the marriage.", "2. Where the action for divorce is brought by the husband, the legitimacy of a child born or begotten before the commission of the offense charged is not affected by a judgment dissolving the marriage; but the legitimacy of any other child of the wife may be determined as one of the issues in the action. In the absence of proof to the contrary, the legitimacy of all the children begotten before the commencement of the action must be presumed."], "official_source": "https://www.nysenate.gov/legislation/laws/DOM/175", "from_official_api": true, "plain_english": "A divorce judgment does not automatically change a child's legitimacy, and these rules depend on which spouse brought the action:\n- **(1)** If the **wife brings the divorce action**, the judgment **does not affect the legitimacy of any child born or conceived before the action began**. ★\n- **(2)** If the **husband brings the action**, the judgment **does not affect a child born or conceived before the charged offense**; the court may decide the legitimacy of another child of the wife in the action. Without contrary proof, **all children conceived before the action began are presumed legitimate**. ★", "in_force_on": "2026-05-31", "retrieved": "2026-09-27", "url": "https://elyphived.com/us-ny/drl/175", "publisher": "Elyphived LLC"}