_The Legal Position of the Illegitimate Child._--The legal position
of the illegitimate child is regulated by civil law only in respect
of certain relationships; and the brief and restricted enactments
on this subject are in sharp contrast with the great importance
of the matter. Even in those countries in which the position of
illegitimate children is relatively favourable, it is only in
relation to the mother and to the blood-relatives of the mother that
the legal position of the illegitimate child corresponds with that
of the legitimate child; no further duty is imposed upon the father
of any illegitimate child than to provide for the child until it is
sixteen years of age an allowance for maintenance corresponding to
the social position of the mother. Even in these countries the proof
of paternity is apt to be a matter of considerable difficulty. The
father of a natural child can raise various objections; for instance,
he may allege loose conduct on the part of the mother (_exceptio
plurium concumbentium_), and the proof of this will discharge him of
his duty of maintenance.
In civil law there are various institutions by which the position of
the illegitimate child may be improved; for example, recognition,
adoption of the child, and, above all, legitimisation. But of
course these will redound to the advantage of those children only
towards whom the natural father has no feeling of hostility. By
legitimisation, the illegitimate child acquires the position of the
legitimate child. There are two chief methods of legitimisation,
viz., _legitimatio per subsequens matrimonium_, and _legitimatio per
rescriptum principis_. About 25 to 30 per cent. of all illegitimate
children are legitimised. Of children legitimised during the first
year of life, the process is effected in the great majority during
the second and third months after birth. The older the child, the
less likelihood is there of its legitimisation; and legitimisation is
less probable in towns than in the country.
Public-domain text, read in full here on John Shaqi.
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