Women's Wild Oats: Essays on the Re-fixing of Moral StandardsHartley, C. Gasquoine (Catherine Gasquoine)
History
Women's Wild Oats: Essays on the Re-fixing of Moral Standards
Hartley, C. Gasquoine (Catherine Gasquoine)
Women -- Great Britain; Women -- Social and moral questions
"The ratio of illegitimate to legitimate mortality in the first week of
life has increased from 170 per cent. in 1907 to 201 per cent. in 1916.
These facts have a somewhat ominous aspect and suggest that infant
welfare organizations might well devote special attention to the first
days of the life of illegitimate children."--(_Report of the
Registrar-General for 1916._)
The Law of Affiliation and Bastardy. (Brief Summary of the Law in
England and Wales.)
The mother is the legal parent. The child is not legitimized on the
marriage of its parents. The child has no rights of inheritance from
either parent. Where paternity is established the father is liable for
support (or alimony). In Scotland the marriage of the mother with the
father legitimizes the child. In Ireland the mother is not allowed to
claim alimony herself--she must go into the workhouse and the guardians
must sue for her.
To Obtain an Affiliation Order.
By the Bastardy Laws Amendment Act, 1872, the mother must apply to a
justice of the peace for a summons to be served on the man alleged by
her to be the father of her child. The cost of this summons is 3/6 with
an additional 2/- for delivery if beyond the limits of a city borough.
The cost of the affiliation order, when obtained, is 9/-. The
application for the order may be made before the birth of the child or
within twelve months after the birth. It cannot be done after that time
unless (1) the man has acknowledged his paternity by paying money for
the child, (2) the alleged father has left England, in which case a
summons can be served any time within 12 months after his return.
The Affiliation Order.
The maximum amount that up to the present time has been allowed under an
Affiliation Order is 5/- a week, such payments to continue until the
child reaches the age of sixteen years. The justices determine the exact
amount the father shall pay. It also rests entirely within their
discretion to make any allowance for the mother's expenses at the time
of birth. In fixing the sum the justices are supposed to act _having
regard to all the circumstances of the case_, and often the payments
were fixed as low as 2/6 or 3/6 per week before the passing of New Act
1919.
The Affiliation Orders Act, 1914.
By the Affiliation Orders Act, 1914, two important changes in the law
were gained. The appointment of an officer, known as the collecting
officer, took out of the hands of the mother the work of collecting the
weekly payments granted under the maintenance order, while new powers
were given of enforcing payment from a defaulting father. Further, the
compulsory interval of six days (a period which gave the man opportunity
to escape) between the summons and the appearance in court of the
putative father was abolished.
The New Act.
Public-domain text, read in full here on John Shaqi.
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