In most countries to-day we may observe an unmistakable tendency
towards the improvement of the legal position of the illegitimate
child. This tendency is perceptible in those countries in which
inquiry into paternity is permitted. In the Latin countries the
necessity of permitting inquiry into paternity is becoming more
and more widely recognised. In many countries we find, often in
association with foundling hospitals, institutions for the provision
of maintenance for illegitimate children.
The reforms of the immediate future, some of which, in certain
countries, have actually been effected, are the following: (_a_) In
every country the inquiry into paternity must be permitted. (_b_) The
legal proceedings for the discovery of paternity must be initiated
and pursued by the local authorities or some other official body.
(_c_) Where the father fails to pay the necessary maintenance for his
illegitimate child, vigorous measures of compulsion must be available
(imprisonment, forced labour, &c.). Such measures of compulsion
already exist in many countries. (_d_) The child’s maintenance
should not be merely such as will provide what are called “bare
necessaries,” but should suffice for its proper upbringing. (_e_)
The natural father should be forced to pay, not for the child’s
maintenance only, but also the mother’s expenses in childbed; he
should be forced to contribute the last-named expenses, and what is
necessary for the child’s maintenance shortly after birth, before the
child is actually born--that is, at a time when the needs of mother
and child are greatest. (_f_) The objections which the father is
to-day able to raise in bastardy actions should be abolished.
Public-domain text, read in full here on John Shaqi.
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