I shall be asked what changes I would suggest. The answer is not easy:
it is not so much a question of altering this regulation or that, of
removing hindrances and giving increased help; that is good, but more is
needed: we want a change of the entire system: _the firm understanding
that the clear aim before us is to place the child, as nearly as this
can be done, in the same position of advantage as it would have had if
it had not been illegally born. If there must be punishments, let them
fall on the parents, never on the child._
Now, how can this best be done? In the space I can devote here, it is
possible only to throw out a few suggestions.
First, and I think exceedingly important, the law should take account of
the attitude of the father. In all cases where the paternity of the
child is acknowledged openly by the man and with the mother, and
guarantees are given that the duties of both parents will be faithfully
fulfilled, the child should be legitimized, receive the name of the
father, be qualified to inherit from him, and in every way given the
same rights as the legitimate child, even if the parents are unable or
do not wish to marry. This opportunity of right conduct once given to
men by the law, I believe that many, who are fathers illegitimately,
would voluntarily take this course and gladly acknowledge and fulfill
the responsibilities of their fatherhood.
In all other cases, in which paternity is not voluntarily acknowledged,
I take the most important duty of the law to be the official
appointment of guardians. I believe nothing else is so urgently needed
to protect these fatherless little ones. Such guardianship[187:1] could
be provided without great difficulty or expense if _each illegitimately
born child, not openly acknowledged and willingly provided for by its
father, was made a ward of the Court of Summary Jurisdiction in the
district in which it lived and thus placed under authoritative
supervision. The child would, by the authority of the Court, be boarded
out (1) with the mother in all cases where her health, character and
previous records were such as to make this arrangement the best for the
child, (2) in hostels, either with the mother or without her, (3) with
paid foster-parents, (4) with adopted parents. In every case regular
visitation of the child would be necessary, and the child must not be
removed from one home to another or any change made with regard to it
without the authority of the Court, which shall have power (1) to
appoint guardians, either in addition to, or substitution for the mother
of the child; (2) to approve any scheme for the education or training
of the child, and at all times and in all ways to exercise authority in
every matter pertaining to the child's welfare._[188:1]
I would wish for a further restriction, which, however hardly it may
seem to bear on the mother, is, in my opinion, most necessary for
safeguarding the child. It is this: _If the child by the decision of the
Court is boarded out with foster parents, permanently adopted or placed
in a home apart from the mother, no interference or even visiting by the
mother shall be permitted except at the discretion of the Court._
I would suggest that in every town or rural district guardians should be
appointed (preferably a man and a woman) either paid or voluntary, but
officially appointed: all that is needed is an extension of the duties
of the Collecting Officer, appointed under the Affiliation Orders Act of
1914. This officer already takes out of the mother's hands the work of
collecting the weekly payments granted under a maintenance order, and he
also has certain powers of enforcing payments from a defaulting father.
But at present his taking action is dependent on the desire of the
mother. His duties ought in all cases to be compulsory. They would be
(1) to help the mother before and after the birth of the child; (2) to
seek out the father and urge a voluntary acknowledgment of his
paternity, and, when this cannot be gained, to see that the law is
rightly administered so that full alimony may be obtained; (3) to watch
over the interests of the child and see that the decisions of the Court
are carried out without interference from the mother.
The kind of help given would have to be varied and must be made suitable
to each individual case, but every child would be a ward of the
guardians in the district in which it lived, and would be regularly
visited. I would suggest further that there should be placed over these
visiting-guardians a Government-appointed, permanent, highly salaried
official--a kind of over-guardian-parent or Consultant, who would
supervise the work of the ordinary guardians in difficult cases, and
advise as to the best means of administering the law. This high official
ought, in my opinion, to be a woman.
Such a scheme as I have outlined (briefly and, I know, inadequately)
would achieve the three-fold purpose of (1) safeguarding the child, (2)
guiding and helping the mother, (3) fastening responsibility on the
father. If wisely administered by guardians, acting with sympathy and
understanding, it could hardly fail to achieve the desired result of
protecting the child. Every illegitimately born child would be placed in
a position of safety.
As a preliminary step, and pending legislation, it would be an excellent
plan if groups of interested people, or societies, were to form local
representative committees to appoint voluntary Visiting-guardians. By
this means the plan could be tried, and some kind of responsible and
authoritative guardianship at once undertaken. We ought to do this now,
for death and suffering to the little children are going on while we
delay.
There is no more for me to say.
The saving of these little ones is a plain duty upon me and upon you, my
readers. Let us clear hardness from our minds and sentiment from our
hearts; both will equally lead us astray. The child is the real care of
the State and of us all; it is the child who is dependent; the child who
has been sinned against; the child we have to protect. Save these
babies from death and from life that is worse than death; give these
children a right start in life. Let no illegitimately born child be able
to say in after years, "I have called and ye refused; I have stretched
out my hand and no man regarded."