Legal Status - Personal Status

Personal Status

With some exceptions, it is universally accepted that marriage bonds lawfully entered into under the laws of any country, which changes the status of a person from "independent", "single" or "unmarried" to "a married person", will be recognized as such by all other countries in the world, and the partners to the marriage assume the status of husband and wife. That status goes with the people no matter where in the world the spouses may find themselves (except where local public policy is invoked). However, though they are recognized as husband and wife, pursuant to a marriage anywhere in the world, the mutual rights and duties owed by the spouses are determined by the law or custom of the country in which they find themselves.

Under normal circumstances, marriage exists until either one of the parties dies or until it is ended by legal process through nullity or divorce. The circumstances in which that status is to be brought to an end is of sufficient interest to the State that it usually regulates the circumstances in which the family relationship may be terminated. On the death of a spouse, the survivor's personal status changes to "widow" or "widower", and on the termination of the marriage, both of their status changes to "divorcee".

The emotional ties between parents and their children come into being through the natural blood relationship but the law attaches a series of right and duties to all involved. A child has the status of a minor. Another is the status of legitimacy, though many countries have now ceased to distinguish on that basis. A legitimate child is usually defined as one born to parents who are married to each other; the child is illegitimate if the relationship is not recognized by the law, but usually has the opportunity to change status if the parents subsequently marry. Adoption usually creates a legal relationship similar to that of natural parent and child. In that event, legitimacy or otherwise of the child is not an issue. A parent does not have status as a parent. Issues may arise as to who is in the position of parent in relation to a child when there are issues of illegitimacy, surrogacy or other disputed parenthood.

When a child or other person incapable of looking after themselves requires care by someone who may not be his or her natural or adoptive parent. They are sometimes said to be wards of a legal guardian. This relationship, however, does not change the status of the child as a minor, and, like a parent, the guardian has no status, though rights and duties are expected between the people.