THE term ''illegitimate'' is to be banished from Scots law in a bid to wipe out any remaining stigma associated with children born out of wedlock.

Deputy First Minister Jim Wallace unveiled the measure, which will affect some 40% of children born in Scotland, to the Parliament as part of a radical raft of policy aimed at overhauling family law for the next century.

In essence, it will mean every child born in Scotland will be classed as ''legitimate'' in the eyes of the law. This will amend the Law Reform (Parent and Child) Scotland Act 1986 to state that ''no person who is governed by Scots law should be illegitimate''.

Mr Wallace said after the announcement that ''with the exception of the rights to inherit titles and coats of arms, there will be no bastards in the new Scotland''.

He added: ''The stigma of illegitimacy is something that belongs to a former age.''

A Scottish Executive spokes-man said there would be no need to amend modern birth certificates which do not distinguish married from unmarried parents.

It will mean, however, that couples who subsequently decide to marry will no longer feel compelled to re-register the birth of their children in order to give them equal status. This is because, although the 1986 Act removed most of the stigma associated with illegitimacy, it did not abolish the status and left the words enshrined in the law.

The proposal will stop short of modernising the law which denies illegitimate children succession to titles, as this remains under the jurisdiction of Westminster.

However, it does raise the

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anomaly that children born south of the Border will still be classed as illegitimate. A Whitehall spokesman confirmed there were no similar plans for England.

Other measures set Mr Wallace on a collision course with the churches in Scotland and the Tories, as he confirmed his intention to push ahead with ''quickie'' divorces next year. As expected, the measures will halve the wait for consenting couples from two years to one and cut the time it takes to get a contested divorce from five years to two.

Further consultation following the publication of the White Paper in May could also see the largely outdated divorce grounds of adultery and desertion being replaced by an all-encompassing ''unacceptable behaviour'' category.

Mr Wallace said it was not the Parliament's role to be ''judgmental on marriage breakdown''.

Tory leader David McLetchie said: ''Frankly, I think we should be judgmental about marital breakdown. Call me old-fashioned, but I invite the Minister to agree with me that the surest way of improving the rights of unmarried fathers in Scotland is for them to marry the mothers, preferably before they conceive the children.''

Father Danny McLoughlin, a spokesman for the Roman Catholic Church, also condemned the reforms. ''In marriage, prevention is much better than divorce. If people go into this life commitment thinking that they can walk away in a year, it undermines the whole institution.''

The Kirk echoed this view, expressing disappointment that the Executive had not looked into the issue of mediation and had ''made speed a priority'' in the complex area of divorce.

SNP shadow justice Minister Roseanna Cunningham gave the plans a broad welcome. Her only concern was in the area of legal aid. ''A legal remedy on paper is one thing but actually being able to afford to take it up is another.''

Other measures include automatic parental rights for unmarried fathers who register the birth of the child jointly with the mother and similar rights for stepfathers via an agreement with the natural parents.

Director of Family Mediation Scotland, Ms Elizabeth Foster, said the Minister's statement ''reflected an awareness of the changing nature of families in Scotland'', and Stepfamily Scotland said Mr Wallace had recognised that ''by 2010 there would be more stepfamilies than any other family form''.

There was also good news for abused women who will receive greater legal protection from violent partners through a system of ''domestic interdicts'' which will replace matrimonial interdicts and be extended to former spouses and cohabitants. They could be enforced for up to three years and for the first time will offer protection at workplace and schools.

THE Scottish Executive proposals are:

q The status of illegitimacy is to be removed from the statute books.

q In order to lessen acrimony between parents, divorce separation periods will be cut from two years to one in uncontested actions and from five years to two in contested divorces;

q To reflect the changing nature of the family: automatic parental rights for unmarried fathers who register the birth jointly with the mother;

q Step parents will also be able to avoid the courts by obtaining parental rights by agreement with the natural mother and father;

q Victims of domestic abuse protected by a more robust system which will be extended to former spouses and cohabitants;

q A statutory grant scheme to support key family support groups.