All infants
under 1 year. Legitimate. Illegitimate.
1912 95 91 121
1913 106 104 213
1914 105 100 207
1915 190 105 203
1916 91 87 183
The mortality of unmarried mothers is proportionately great.
"The ratio of illegitimate to legitimate mortality in the first week of
life has increased from 170 per cent. in 1907 to 201 per cent. in 1916.
These facts have a somewhat ominous aspect and suggest that infant
welfare organizations might well devote special attention to the first
days of the life of illegitimate children."--(_Report of the
Registrar-General for 1916._)
The Law of Affiliation and Bastardy. (Brief Summary of the Law in
England and Wales.)
The mother is the legal parent. The child is not legitimized on the
marriage of its parents. The child has no rights of inheritance from
either parent. Where paternity is established the father is liable for
support (or alimony). In Scotland the marriage of the mother with the
father legitimizes the child. In Ireland the mother is not allowed to
claim alimony herself--she must go into the workhouse and the guardians
must sue for her.
To Obtain an Affiliation Order.
By the Bastardy Laws Amendment Act, 1872, the mother must apply to a
justice of the peace for a summons to be served on the man alleged by
her to be the father of her child. The cost of this summons is 3/6 with
an additional 2/- for delivery if beyond the limits of a city borough.
The cost of the affiliation order, when obtained, is 9/-. The
application for the order may be made before the birth of the child or
within twelve months after the birth. It cannot be done after that time
unless (1) the man has acknowledged his paternity by paying money for
the child, (2) the alleged father has left England, in which case a
summons can be served any time within 12 months after his return.
The Affiliation Order.
The maximum amount that up to the present time has been allowed under an
Affiliation Order is 5/- a week, such payments to continue until the
child reaches the age of sixteen years. The justices determine the exact
amount the father shall pay. It also rests entirely within their
discretion to make any allowance for the mother's expenses at the time
of birth. In fixing the sum the justices are supposed to act _having
regard to all the circumstances of the case_, and often the payments
were fixed as low as 2/6 or 3/6 per week before the passing of New Act
1919.
The Affiliation Orders Act, 1914.
By the Affiliation Orders Act, 1914, two important changes in the law
were gained. The appointment of an officer, known as the collecting
officer, took out of the hands of the mother the work of collecting the
weekly payments granted under the maintenance order, while new powers
were given of enforcing payment from a defaulting father. Further, the
compulsory interval of six days (a period which gave the man opportunity
to escape) between the summons and the appearance in court of the
putative father was abolished.
The New Act.
The inadequacy of such sums with which to bring up a child has at last
led to action, and the maximum of 5/- a week has been done away with. The
maximum payment in the future will be 10/- a week. This Act (which is
called the Affiliation Orders Increase of Maximum Payment Act, 1918)
came into operation on January 1st, 1919.
Provisions Affecting Soldiers and Sailors.
If a soldier is alleged to be the father of the child, action must be
taken while he is in England or Wales. In Scotland and Ireland the
bastardy laws are different, and if he is abroad or under orders to go
abroad action cannot be taken. The summons should be served on his
commanding officer, with a sufficient payment to cover his journey to
and from the court where his case is to be heard. Before the war the
alimony granted to the mother for a child by a soldier was even less
than in ordinary cases; this injustice has, however, been ended and the
allowance now granted for an illegitimate child is 6/8 per week.