Although there is strong demand on the part of many to give the child
born out of wedlock the "right to inherit from the father's estate
even though not legitimated," the Committee of the Commissioners on
Uniform State Laws do not so recommend. Their statement concerning
Liability of the Father's Estate is as follows: "The obligation of the
father where his paternity has been judicially established in his
lifetime or has been acknowledged by him in writing or by the part
performance of his obligations is enforceable against his estate in
such an amount as the court may determine, having regard to the age of
the child, the ability of the mother to support it, the amount of
property left by the father, the number, age, and financial condition
of the lawful issue, if any, and the rights of the widow, if any."
To this writer this covers the just obligation if rightly administered
and by leaving still a distinction in law between the rights of
children born within and those born outside the marriage bond helps to
preserve the interests of the majority of children.
In any case the preservation of such distinctions as are left in the
milder and more humane laws advocated should help in making men and
women anxious to give all the children for which they may be
responsible a legal right to both parents by due process of marriage.
=Have Unmarried Women a Social Right to Motherhood?=--It is not alone
philanthropic interest in the welfare of a class of children now
handicapped by birth outside of legal family bonds, that has issued
the call to "abolish illegitimacy." The slogan is also an expression
of a new demand that women fit to bear and rear children and deeply
desiring that personal experience and the social obligation which it
implies, should be given a social right to become mothers whether or
not the fitting permanent mate be found for a life-union under the
law. This demand is reaching a critical poignancy in those countries
in which the Great War has added to a long-increasing "surplus of
women" an astounding total of millions of women fit to marry whose
rightful mates are buried on the fields of conflict. Shall these
women, it is asked, be denied motherhood as well as wifehood? Shall
the state lose the children these women, child-loving and noble and
wise, might bear to help make good the horrible losses that war has
entailed?
Public-domain text, read in full here on John Shaqi.
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