Child
Defined in 8 dictionaries — Case Law, U.S. Code, Cyclopedic (1922), Bouvier (1914), Black's (1910), Kinney (1893), Black's (1891), Anderson (1889)
Definitions from Case Law
From 566 U.S. 541 - Astrue v. Capato Ex Rel. B. N. C. · 2012Most cited · 10 citing opinions
(1) the child or legally adopted child of .an individual, (2) a stepchild [under certain circumstances], and (3) .
United States Code
1 U.S.C. § 8 — in this section
In determining the meaning of any Act of Congress, or of any ruling, regulation, or interpretation of the various administrative bureaus and agencies of the United States, the words “person”, “human being”, “child”, and “individual”, shall include every infant member of the species homo sapiens who is born alive at any stage of development.
5 U.S.C. § 8101 — in this section
“child” means one who at the time of the death of the employee is under 18 years of age or over that age and incapable of self-support, and includes stepchildren, adopted children, and posthumous children, but does not include married children;
5 U.S.C. § 8332 — under this subchapter
the term “child” has the meaning given such term by section 8341.
5 U.S.C. § 8341 — in this section (4 versions over time)
“child” means—
(A) an unmarried dependent child under 18 years of age, including (i) an adopted child, and (ii) a stepchild but only if the stepchild lived with the employee or Member in a regular parent-child relationship, and (iii) a recognized natural child, and (iv) a child who lived with and for whom a petition of adoption was filed by an employee or Member, and who is adopted by the surviving spouse of the employee or Member after his death;
(B) such unmarried dependent child regardless of age who is incapable of self-support because of mental or physical disability incurred before age 18; or
(C) such unmarried dependent child between 18 and 22 years of age who is a student regularly pursuing a full-time course of study or training in residence in a high school, trade school, technical or vocational institute, junior college, college, university, or comparable recognized educational institution.
5 U.S.C. § 8411 — under this chapter
the term “child” has the meaning given such term by section 8441.
5 U.S.C. § 8441 — in this section
the term “child” means—
(A) an unmarried dependent child under 18 years of age, including (i) an adopted child, (ii) a stepchild but only if the stepchild lived with the employee, Member, or annuitant in a regular parent-child relationship, (iii) a recognized natural child, and (iv) a child who lived with and for whom a petition of adoption was filed by an employee, Member, or annuitant and who is adopted by the widow or widower of the employee, Member, or annuitant after the death of such employee, Member, or annuitant;
(B) such unmarried dependent child regardless of age who is incapable of self-support because of mental or physical disability incurred before age 18; or
(C) such unmarried dependent child between 18 and 22 years of age who is a student regularly pursuing a full-time course of study or training in residence in a high school, trade school, technical or vocational institute, junior college, college, university, or comparable recognized educational institution.
For the purpose of this paragraph and section 8443, a child whose 22nd birthday occurs before July 1 or after August 31 of a calendar year, and while regularly pursuing such a course of study or training, is deemed to have become 22 years of age on the first day of July after that birthday. A child who is a student is deemed not to have ceased to be a student during an interim between school years if the interim is not more than 5 months and if such child shows to the satisfaction of the Office that such child has a bona fide intention of continuing to pursue a course of study or training in the same or different school during the school semester (or other period into which the school year is divided) immediately after the interim.
8 U.S.C. § 1101 — as used in this chapter (19 versions over time)
The term “child” means an unmarried person under twenty-one years of age who is—
(A) a child born in wedlock;
(B) a stepchild, whether or not born out of wedlock, provided the child had not reached the age of eighteen years at the time the marriage creating the status of stepchild occurred;
(C) a child legitimated under the law of the child’s residence or domicile, or under the law of the father’s residence or domicile, whether in or outside the United States, if such legitimation takes place before the child reaches the age of eighteen years and the child is in the legal custody of the legitimating parent or parents at the time of such legitimation;
(D) a child born out of wedlock, by, through whom, or on whose behalf a status, privilege, or benefit is sought by virtue of the relationship of the child to its natural mother or to its natural father if the father has or had a bona fide parent-child relationship with the person;
(E)
(i) a child adopted while under the age of sixteen years if the child has been in the legal custody of, and has resided with, the adopting parent or parents for at least two years or if the child has been battered or subject to extreme cruelty by the adopting parent or by a family member of the adopting parent residing in the same household: Provided, That no natural parent of any such adopted child shall thereafter, by virtue of such parentage, be accorded any right, privilege, or status under this chapter; or
(ii) subject to the same proviso as in clause (i), a child who: (I) is a natural sibling of a child described in clause (i) or subparagraph (F)(i); (II) was adopted by the adoptive parent or parents of the sibling described in such clause or subparagraph; and (III) is otherwise described in clause (i), except that the child was adopted while under the age of 18 years;
(F)
(i) a child, under the age of sixteen at the time a petition is filed in his behalf to accord a classification as an immediate relative under section 1151(b) of this title, who is an orphan because of the death or disappearance of, abandonment or desertion by, or separation or loss from, both parents, or for whom the sole or surviving parent is incapable of providing the proper care and has in writing irrevocably released the child for emigration and adoption; who has been adopted abroad by a United States citizen and spouse jointly, or by an unmarried United States citizen who is at least 25 years of age, at least 1 of whom personally saw and observed the child before or during the adoption proceedings; or who is coming to the United States for adoption by a United States citizen and spouse jointly, or by an unmarried United States citizen at least twenty-five years of age, who have or has complied with the preadoption requirements, if any, of the child’s proposed residence; Provided, That the Attorney General is satisfied that proper care will be furnished the child if admitted to the United States: Provided further, That no natural parent or prior adoptive parent of any such child shall thereafter, by virtue of such parentage, be accorded any right, privilege, or status under this chapter; or
(ii) subject to the same provisos as in clause (i), a child who: (I) is a natural sibling of a child described in clause (i) or subparagraph (E)(i); (II) has been adopted abroad, or is coming to the United States for adoption, by the adoptive parent (or prospective adoptive parent) or parents of the sibling described in such clause or subparagraph; and (III) is otherwise described in clause (i), except that the child is under the age of 18 at the time a petition is filed in his or her behalf to accord a classification as an immediate relative under section 1151(b) of this title; or
(G)
(i) a child, younger than 16 years of age at the time a petition is filed on the child’s behalf to accord a classification as an immediate relative under section 1151(b) of this title, who has been adopted in a foreign state that is a party to the Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption, done at The Hague on May 29, 1993, or who is emigrating from such a foreign state to be adopted in the United States by a United States citizen and spouse jointly or by an unmarried United States citizen who is at least 25 years of age, Provided, That—
(I) the Secretary of Homeland Security is satisfied that proper care will be furnished the child if admitted to the United States;
(II) the child’s natural parents (or parent, in the case of a child who has one sole or surviving parent because of the death or disappearance of, abandonment or desertion by, the other parent), or other persons or institutions that retain legal custody of the child, have freely given their written irrevocable consent to the termination of their legal relationship with the child, and to the child’s emigration and adoption;
(III) in the case of a child having two living natural parents, the natural parents are incapable of providing proper care for the child;
(IV) the Secretary of Homeland Security is satisfied that the purpose of the adoption is to form a bona fide parent-child relationship, and the parent-child relationship of the child and the natural parents has been terminated (and in carrying out both obligations under this subclause the Secretary of Homeland Security may consider whether there is a petition pending to confer immigrant status on one or both of such natural parents); and
(V) in the case of a child who has not been adopted—
(aa) the competent authority of the foreign state has approved the child’s emigration to the United States for the purpose of adoption by the prospective adoptive parent or parents; and
(bb) the prospective adoptive parent or parents has or have complied with any pre-adoption requirements of the child’s proposed residence; and
(ii) except that no natural parent or prior adoptive parent of any such child shall thereafter, by virtue of such parentage, be accorded any right, privilege, or status under this chapter; or
(iii) subject to the same provisos as in clauses (i) and (ii), a child who—
(I) is a natural sibling of a child described in clause (i), subparagraph (E)(i), or subparagraph (F)(i);
(II) was adopted abroad, or is coming to the United States for adoption, by the adoptive parent (or prospective adoptive parent) or parents of the sibling described in clause (i), subparagraph (E)(i), or subparagraph (F)(i); and
(III) is otherwise described in clause (i), except that the child is younger than 18 years of age at the time a petition is filed on his or her behalf for classification as an immediate relative under section 1151(b) of this title.
8 U.S.C. § 1101 — as used in this chapter (7 versions over time)
The term "child" means an unmarried person under twenty-one years of age and includes a child legitimated under the law of the child's residence or domicile, or under the law of the father's residence or domicile, whether in the United States or elsewhere, and, except as otherwise provided in sections 1431 and 1432 1 of this title, a child adopted in the United States, if such legitimation or adoption takes place before the child reaches the age of 16 years (except to the extent that the child is described in subparagraph (E)(ii) or (F)(ii) of subsection (b)(1)), and the child is in the legal custody of the legitimating or adopting parent or parents at the time of such legitimation or adoption.
The Cyclopedic Law Dictionary
Walter A. Shumaker and George Foster Longsdorf; ed. James C. Cahill · 1922
The immediate progeny of human parents; offspring born to such parents. 262 111. 183; 200 111. 401. The son or daughter, in relation to the father or mother; the correlative of "parent." A young person- of either sex. The age limit of childhood is undefined. 5 Har. & J. (Md.) 392. females subject of rape, "child" has been held to mean one not arrived at puberty, 22 Ohio St. 102. The word "child," in its popular signification, means a son or daughter; a descendant in the' first degree (Webster's Int. Diet.); and the legal meaning of the word is the same as the popular one and does not include a grandchild. The word "children" is never extended to include grandchildren, in the absence of something in the instrument in which the word is employed showing the intention to use it with such an extended meaning or where it is necessary to render the instrument effective. 173 111. 239; 253 111. 402. See "Sons." CHILDNIT (Saxon). A power to take a fine from a bondwoman gotten with child without the lord's consent. By custom in Essex county, England, every reputed father of a bastard child was obliged to pay a small fine to the lord. This custom is known as childnit. Cowell.
Bouvier's Law Dictionary and Concise Encyclopedia
John Bouvier; revised by Francis Rawle · 1914
The son or daughter, in relation to the father or mother. Illegitimate children are bastards. Legitimate children are those born in lawful wedlock. Natural children are illegitimate children. Posthumous children are those born after the death of the father. Children born in lawful wedlock, or within a competent time afterwards, are presumed to be the issue of the father, and follow his condition; but this presumption may be repelled by the proof of such facts tending to establish non-intercourse as may satisfy a jury to the contrary; Field, Inf. 40; 3 C. & P. 215, 427; 13 Ves. Ch. 58; Cross v. Cross, 3 Paige, Ch. (N. Y.) 139, 23 Am. Dec. 778; Com. v. Shepherd, 6 Binn. (Pa.) 2SG, 6 Am. Dec. 449; Barden v. Barden, 14 N. C. 548. See Blackburn v. Crawford, 3 Wall. (U. S.) 175, 18 L. Ed. 1SG. See Access. Those bom out of lawful wedlock follow the condition of the mother. The term children does not, ordinarily and properly speaking, comprehend grandchildren, or issue generally; yet sometimes that meaning is given to it in cases of necessity; 6 Co. 1G; 14 Ves. 576; Adams v. Law, 17 How. (U. S.) 417, 15 L. Ed. 149; Me Guire held to signify the same as issue, in where the testator, by using the terms children and issue indiscriminately, showed his intention to use the form, q the sense ie, so as to entitle grandchildren, etc., to take under it; 1 Ves. Sen. Ch. 19G; Mowatt v. Carow. 7 Paige, Ch. (N. Y.::•_■ Am. Dec 641; Ruff v. Rutherfunl, 1 Ball. Eq. (S. C.) 7; Dickinson v. Lee, 4 Waits I Pa.) 82, 28 Am. Dec. GS4; 3 • Dig. 213. See Walker v. William, 549; Appeal of Castner, 88 Pa. 478. It is a rule of decision in England that the word "children" means legitimate children; 7 Ves. 458; 31 Ch. D. 542; L. It. 7 II.: and such is the general rule in this country; Gardner v. Ileyer, 2 Paige (N. Y.) 11; Heater v. Van Auken, 14 X. J. Eq. 159; Thompson v. Mc Donald, 22 N. C. 40.".; Gates v. Seibert, 157 Mo. 254, 57 S. W. 10 Am. St. Rep. 625; In re Scholl's Will, 100 Wis. 650, 76 N. w. 616; Bealafeld v. Slaughenhaupt. 213 Pa. 565, 02 Atl. 1113; although illegitimate children may be considered as included by express designation or neci implication; Stewart v. Stewart, 31 N. J. Eq. 398; Collins v. IToxie, 9 Paige (N. Y.) 81; Bennett v. Toler, 15 Grat. (Va.) 588, 78 Am. Dec. 60S; Morton's Estate v. Morton, 62 Neb. 420, 87 X. W. 182; and when the is used in a will, there must be evidence to be collected from the will itself, or extrinsically, to show affirmatively that the testator intended that his illegitimate children should take, or they will not be included; 1 V. & B. 422; 4 Kent 346, 414, 419; <-, II. I. Palmer v. Horn, 84 N. Y. 516. See Bastard. The question whether the term "child" can include "twins" is said not to have been raised in any English ease, in 70 Alb. I.. J. 2, where an interesting foreign cas but no decision is stated. Xo American case on the point has been found. Posthumous children inherit, in all cases, in like manner as if they had been born in the lifetime of the intestate and had survived him; 2 Greenl. Cruise, I>i'-r. 135; 4 Kent 412. See 2 Washb. R P. 439, I In Pennsylvania; act of 1S"G, p. 2."'t; and in some other states; Rhode Island, Rev. Stat. tit. xxiv. c. 154, ? 1<>; Bancroft v. Ives, 3 Gray (Mass.) 367; the will of their fathers or mothers in which no provision is made for them is revoked, as far as regards them, by operation of law; Coates v. Hughes, 3 Binn. (Pa.) 498; Barnes v. Barker. 5 Wash. 390, ""1 Pac. 976. In Iowa a will is revoked by the birth of a child after its execution; Ware v. Wisner, 50 Fed. 310. See, as to the law of Virginia on this subject, Armistead v. Dangerfield, 3 Munf. (Va.) 20, 5 Am. Dec. 501. An elaborate statute known as the Children's Act. 1908, was passed December 21, 1908, in England to consolidate and amend protection, prevention of cruelty to children, juvenile smoking, reformatory and industrial schools, juvenile offenders and miscellaneous and general provisions; L. R. 46 Stat. 453. See Age; In Ventre sa Mere. As to their competency as witnesses, see Witness. And see Parent and Child. The courts construe these laws liberally as within the police powers of a state and they are generally upheld, the rule having been laid down that the courts will not interfere with the legislative action in regard to such regulations; In re Weber, 149 Cal. 392, 86 Pac. 809. Statutes have been held constitutional forbidding the employment of children under twelve years of age in factories; Starnes v. Mfg. Co., 147 N. C. 556, 61 S. E. 525, 17 L. R. A. (N. S.) 602, 15 Ann. Cas. 470; of children under fourteen years of age in factories; In re Spencer, 149 Cal. 396, S6 Pac. 896, 117 Am. St. Rep. 137, 9 Ann. Cas. 1105; Bryant v. Hardware Co., 76
Black's Law Dictionary
Henry Campbell Black, M.A. · 1910
This word has two meanings in law:
(1) In the law of the domestic relations, and as to descent and distribution, it is used strictly as the correlative of "parent," and means a son or daughter considered as in relation with the father or mother.
(2) In the law of negligence, and in laws for the protection of children, etc., it is used as the opposite of "adult," and means the young of the human species, (generally under the age of puberty,) without any reference to parentage and without distinction of sex. Miller v. Finegan, 26 Fla. 29, 7 South. 140, 6 L. R. A. 813.
— Child's part. A "child's part," which a widow, by statute in some states, is entitled to take hi lieu of dower or the provisi os made for her by will, is a full share to which a child of the decedent would be entitled, subject to the debts of the estate and the cost of administration up to and including distribution. Benedict v. Wil-marth, 46 Fla. 535, 35 South. 84.
— Natural child. A bastard ; a child born out of lawful wedlock. But in a statute declaring that adopted shall have nil the rights of "natural" children, the word "natural" was used in the sense of "legitimate." Bams v. Allen, 9 Am. Law Reg. (O. St) 747. In Louisiana. Illegitimate children who have been adopted by the father. Civ. Code La. art. 220. In the civil law. A child by natural relation or procreation ; a child by birth, as distinguished from a child by adoption. Inst. 1, 11, pr.; Id. 3, 1, 2; Id. 3, 8, pr. A child by concubinage, in contradistinction to a child by marriage. Cod. 5, 27.
— Quasi posthumous child. In the civil law. One who, bom during the life of his grandfather or other male ascendant, was not his heir at the time he made his testament, but who by the death of his father became his heir in hls life-time. Inst. 2, 13, 2; Dig. 28, 3, 13.
A Law Dictionary and Glossary
George C. Kinney · 1893
An infant, in the popular sense; a young person; a youth; a legitimate descendant in the first degree; sometimes a legitimate descendant in any degree, as in a will, where such a meaning is necessary to the construction, the word used being children.
A Dictionary of Law
Henry Campbell Black · 1891
This word has two meanings in law: (1) In the law of the domestic relations, and as to descent and distribution, it is used strictly as the correlative of “parent,” and means a son or daughter considered as in relation with the father or mother. (2) In the law of negligence, and in laws for the protection of children, ete., it is used as the opposite of “adult,” and means the young of the human species, (generally under the age of puberty,) without any reference to parentage and without distinction of sex.
A Dictionary of Law
William C. Anderson · 1889
1. An infant — in the popular senses. See Abandon, 2 (S); Abortion; Curtesy; Venter. 3. One of tender years; a young person; a youth. See Crue Lty, 3; Infant; Servi^