Out of Wedlock Children and Succession Rights

[Artemisia]

Originally Posted by Noble Consort Ming

It may have already been mentioned but for me the Prince Albert situation is complicated by the fact that his paternal grandmother was born illegitimate. Her own father was able to adopt her(even though she was already his daughter) and make her his heir.

I wonder if Albert could do the same with one of his children if he and Charlene don't end up having any.

He couldn't.
Changes in law (passed during Prince Ranier's reign) mean that now adopted children can not have rights to the Throne.
If Prince Albert doesn't have legitimate issue, his successor will be Princess Caroline or (if Caroline predeceases Albert) Andrea Casiraghi.

[Noble Consort Ming]

Originally Posted by Artemisia

He couldn't.
Changes in law (passed during Prince Ranier's reign) mean that now adopted children can not have rights to the Throne.
If Prince Albert doesn't have legitimate issue, his successor will be Princess Caroline or (if Caroline predeceases Albert) Andrea Casiraghi.

I didn't realize the laws had been changed. Did Rainier have something to do with the change? It would seem strange to me if he did considering his mother's situation and the fact that he would never have been prince of Monaco if not for her adoption.

[Artemisia]

Originally Posted by Noble Consort Ming

I didn't realize the laws had been changed. Did Rainier have something to do with the change? It would seem strange to me if he did considering his mother's situation and the fact that he would never have been prince of Monaco if not for her adoption.

Prince Rainier instigated the changes.

In 2002, Monaco adopted Princely Law 1.249 which stipulated that if the Reigning Prince dies without legitimate issue, the Throne goes to his siblings and their legitimate descendants, according to laws of male primogeniture. The law has been in effect since 2005 (after ratification by France).

Until 2002, the crown of Monaco could only pass to the direct descendants (including adopted children) of the reigning prince. This meant that Princess Antoinette was not in the line of succession and that as soon as Prince Rainier died, Princess Caroline, Princess Stephanie and their descendants would not be in the line of succession as well. Since Prince Albert had no legitimate issue, it endangered the very future of the Monegasque Throne (because, in theory, that could mean Monaco’s annexation into France). The 2002 changes dealt with that problem, granting Caroline, Stephanie and their legitimate descendants the right to be in the line of succession, and ensuring the line will go on whether Prince Albert had children or not.

One of the articles of the 2002 changes also mentioned that in order for someone to be in the line od succession, his/her parents should be married either at the time of his/her birth, or marry subsequently. For that reason, Princess Stephanie’s two eldest children, who were born out of wedlock, are in the succession line (they were legitimised by their parents’ subsequent marriage), but her youngest child, Camille, is not since Stephanie never married her father.

Thus, Prince Albert’s children born out of wedlock, Jazmin and Alexandre, cannot have claims to the Throne because they are illegitimate. Prince Albert may adopt them legally, but they would only have succession rights if he married their respective mothers. So, in theory, if Prince Albert marries Jazmin’s mother then divorced, and then married Alexandre’s mother, both children would have full succession rights (with Alexandre ahead of his sister based on male primogeniture). Since that didn’t happen and Prince Albert is now married to Princess Charlene, the question is mute.

Right now, the Hereditary Princess of Monaco is Princess Caroline; she is the Heiress Presumptive to the Throne. If Prince Albert has legitimate sons, the eldest boy will become the Heir Apparent; if he only has daughters, the eldest will be Heiress Presumptive.

[Mariel]

I sort of like the way the Luxembourgs handled the illegitimate birth of Gabriel to Louis and Tessy. They got married after his birth and I guess that made him legitimate. Then they made Tessy a Princess (later, after the wedding) and she gave birth to another boy, Noah, who became a Prince along with his formerly illegitimate brother Gabriel. But they do not have succession rights. Now I do think that the really good thing to do eventually is to give them succession rights. It has to come slowly, because this is a "big deal", and no one would want to say that you might as well have an illegitimate child. But now that Tessy and Louis, and their two sons, are a working part of the family (working, just like the other children of the Grand Duke Henri) I think they should consider making them part of the succession. They still would probably never inherit the throne, since Hereditary Grand Duke Guillome may have children soon, and who knows, Felix or Alexandra might marry and have children. But the "who knows" quotient is there: maybe no Prince or Princess in the present generation of that family will ever have children! Too much radiation in the air from Fukishima? Something else--war, displacement?
No one expected QE II to be in line for the throne. Perhaps fertility problems will arise as they did for the Japanese Royal Family? None of that is predictable. But I think they might consider this, because Gabriel and Noah are the only child Princes yet born in Luxembourg in this generation under 18. I dearly love the Biblical name of Noah! What a departure in a good direction from usual names of royals. How about Isaiah for Guillome's heir--a far out thought honoring a great prophet. The family seems to be sincerely devoted to God.

[Noble Consort Ming]

Thank you for your explanation, Artemisia. It makes sense to me now although I still find it sad that Rainier would change the rule on adoption considering his own mother's circumstances.

[NGalitzine]

According to the revised Monaco constitution adoption is no longer possible in order to get an heir. Heirs must be born of lawful marriage, but may be legitimated by the Prince marrying the mother of one of his illegitimate children.

[christythedreamer]

The King of Belgium only has one out-of-wedlock child, Daphne right??

[Rice]

Delphine Boel. It is my understanding, he has actually never formally acknowledged her as his daughter. I guess it's a little stickier than Prince Albert's and Prince Louis situation, in that King Albert was actually married to Queen Paola at the time of Delphine's conception, vs Prince Albert and Prince Louis being single.

[nascarlucy]

It's very different when the persons involved are single. When there is a wife, it's a much more complicated matter as the issue of cheating comes up in it.