Until the Italian legal code provides for the proper recognition of
_figli di genitori ignoti_, any attempt at administrative reform
of the Italian methods of dealing with foundlings would be futile.
[In Italy, not even the mother is compelled to recognise her child;
recognition must not be confused with legitimisation. A child which
is recognised neither by the father nor by the mother is termed
_figlio di genitori ignoti_ (the child of unknown parents), and it
is only a child recognised by at least one parent which is termed
_figlio illegitimo_ (illegitimate child).] As long as Section 340
of the French Civil Code continues to state categorically, “La
recherche de la paternité est interdite,” not even the risk of
capital punishment will restrain from infanticide the mother of an
illegitimate child, more especially in view of the fact that in such
cases humanely disposed jurymen now so frequently bring in a verdict
of Not Guilty.
It may be hoped that before long it will be generally recognised that
any attempt to reform child-protection, and especially our dealings
with foundlings, must begin with a reform in the legal status of
the illegitimate child. Nevertheless, child-protection by the local
authorities and through the instrumentality of the criminal law,
and, above all, our ways of dealing with foundlings, exert a great
influence upon the position of illegitimate children. It is still
in dispute whether these things affect the numbers of illegitimate
children. It is widely assumed that the existence of foundling
hospitals leads to an increase in the number of illegitimate
children. But in reality foundling hospitals are not a cause, but a
consequence, of the large numbers of illegitimate children.
_The Tendency of Evolution._--As time goes on, the position of
illegitimate children steadily improves. Formerly, illegitimacy
entailed grave civil and ecclesiastical disabilities; to-day, the
only differences between illegitimate and legitimate children
concern their respective legal status, and even these differences
are gradually disappearing. The circumstance that public opinion is
taking an ever milder view regarding illegitimate sexual intimacy,
exercises a great influence upon the position of the illegitimate
child, and a much more extensive mitigation of public opinion in
this direction may be confidently anticipated. The fate of the
illegitimate child is greatly influenced by the judgment passed
upon illegitimate sexual intercourse by the associates, parents,
and relatives of the mother. Among the Jews, owing to the sacred
character of their family life, the birth of illegitimate children
was altogether exceptional. But such a high estimation of marriage is
apt to result in complete rupture of relations between the fallen one
and her family. Although among the Jews infant mortality in general
is lower than among the Gentiles, the mortality of illegitimate
children among the Jews is even higher than among the Gentile
population.
Public-domain text, read in full here on John Shaqi.
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