right of acting as the child’s legal representative, we obviate the
danger that that right may be misused by a dissolute or thoughtless
mother by making fraudulent claims for a bastardy allowance in the
name of the child upon various men who may have had intercourse with
her during the period of pregnancy. In many cases, unmarried mothers
are dissolute, extravagant, and therefore untrustworthy persons, and
for this reason it is in the interest of morality that the unmarried
mother should not be able to derive any direct pecuniary advantage
as a result of her position. Often she cannot or will not make the
necessary claim upon the father of the child, either from shame or
from undue sentimentality, or, again, because she still secretly
hopes that he will marry her, and fears to offend him, or, finally,
because in many cases she is not herself certain who is the father
of her child. The various reasons we have been considering are not
altogether free from objection. The advocates of the emancipation
of women, and also the socialists, contest these reasons with
considerable force on the ground that other persons than the mother
of an illegitimate child, who are suggested as guardians, are even
less fitted for the position than she may be herself.
(_b_) It is impossible, in any case, that the natural father should
be the child’s guardian. How, for example, can he be expected to
sue himself for the child’s maintenance? It often happens that the
mother refuses to name the father of her child, but recommends him
as guardian, and he actually is in some cases appointed guardian. To
avoid this, many wish to make it the mother’s legal duty to disclose
the name of the child’s father to the Board of Guardianship.
(_c_) One of the child’s relatives is no suitable person for
guardian. The mother’s relatives have in most cases broken with the
mother owing to the birth of the illegitimate child. The relatives of
the father of an illegitimate child are as little suited to act as
guardians as the father himself.
(_d_) A stranger is utterly unsuitable for the guardianship of an
illegitimate child. In most cases he has no interest whatever in the
child, and very frequently, from sheer laziness, he fails to make
good the claim for maintenance against the father. Indeed, he is
not in a position to make such a claim good. He is ill-informed,
inexperienced, ignorant of the law, does not understand the procedure
of the Boards of Guardianship, and is incompetent to overcome the
mother’s opposition. His appointment is often long delayed, although
it is a fact of general experience that a claim for maintenance can
more readily be established the earlier proceedings are taken against
the father. The father often changes his residence, and the guardian
has no facilities for obtaining information about his dwelling-place
or his means.
Public-domain text, read in full here on John Shaqi.
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