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UDOC
L 5.20:42
-U S. DEPARTMENT OF LABOR
CHILDREN’S BUREAU
JULIA C. LATH RO P. Chief
ILLEGITIMACY LAWS OF THE
UNITED STATES
ANALYSIS AND INDEX
By
ERNST FREUND
PROFESSOR OF JURISPRUDENCE AN D PUBLIC LAW
UNIVERSITY OF CHICAGO LAW SCHOOL
EXCERPT FROM LEGAL SERIES No. 2
Bureau Publication No. 42
WASHINGTON
GOVERNMENT PRINTING OFFICE
*
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1919
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CONTENTS
.
Letter of transmittal......................................................................................................... ..
Page.
7
Comment on the illegitim acy laws of the U nited S tates.. . : ..................................... ..
9 -3 4
Illegitim acy in relation to marriage and birth..........................................................
1 0-17
The child bo m out of wedlock, and the presumption of legitim acy___
Child born before the marriage of the parents..................................................
10
12
Issue of void and voidable marriages.................................................................... 12-16
Legislation legitimating the issue of void or annulled m arriages...
13
Legislation declaring the issue of certain marriages illeg itim a te .. .
The law of Louisiana............................... ...........................................................
14
14
Comment on this legislation........................................................................ 14
Divorce and illegitim acy........................................................ ...............; ..................
Miscellaneous provisions regarding illegitimate children and relation
ship................. ...................................................................... . .- ............ ........................
The illegitimate child and the mother............................................................ ..
16
17
1 7-21
R ight of inheritance........................ .......................... ........ ......................................... 1 9-20
A s regards inheritance from or through the child..................
A s regards inheritance from or through the mother..............................
Custody and guardianship...............................
19
19
20
The illegitimate child and the father......................... ..................................................2 1 -2 5
In general................................................................................................................................... 21
American legislation........ ........................................................................ . ................. 2 2-25
Legitim ation.......... .........................................................1................. ....................
22
R ights of inheritance..................................
Law of Louisiana..........................................
23
24
Other provisions..............................................
24
Legislation for the support of the illegitimate ch ild ............................................... 25-34
The character of the legislation...............................................................................
English bastardy law ...................
25
27
American legislation.......... ................................................c .......................................
28
The law of Florida, as a type of a brief support-enforcing act...................
30
The law of Illinois, as representing the more elaborate type of the sup
port-enforcing law..............................
34
The statute of California, as illustrating a general civil obligation.........
32
The law of Massachusetts, as the type of a penal statute............................
32
The law of Iowa, as the type of a civil action prosecuted b y the S ta te ..
33
Comment on particular features..............................................................................
3 4-52
The courts having jurisdiction..................................................................................
District of jurisdiction..................................................
A t what tim e the proceeding m ay be instituted......................................................
Statute of limitations.....................................................................................
W ho m ay complain..........................................
Process and preliminary hearing........................................... . . _ . .................................
T ria l........................................................................................ I .......... .......................................
3
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34
35
35
35
36
38
39
4
CONTENDS.
Comment on particular features— Continued.
Page.
E vid en ce....................................................................................... . . ......................- ...............
39
Judgment or order...... . . ...................................* ..................................................................
41
Enforcement of order................................................ ...........................................................
43
Compromise and settlement...................................................................................... ......
45
Effect of death upon the proceedings............................. : ....................... ♦.................
45
T h e problem of the absconding defendant.................................. .............................. 46-52
Bastardy proceedings as criminal prosecutions......................................... ..
47
Absconding as the gist of the offense....................................................................
48
Prosecution for abandonment and n o n su p p o rt...............................................
49
Civil proceedings against persons who can not be served within the
S tate................................................................................
Civil proceedings in the jurisdiction where the defendant resides.........
50
51
Provision for both criminal and civil proceedings.........................................
52
Possible changes in the law in favor of the illegitimate child.................................... 5 2-58
The extent of the provision in favor of the ch ild ............... .T.................... ............
52
Provisions for guardianship and permanent care.................... ................................
54
Possible improvements relating to the status of the ch ild ...................................
55
Tabular analysis of American illegitimacy law s.................................- ...... faces page
Reference index to illegitim acy laws of the United States............... . ' . .....................
58
59-98
Prefatory n ote..........................
61
Topical index of references............................................... ........ 1.....................................63-79
General and status legislation................................................... .'...........
63-75
A doption ..............................................................................
63
Apprenticeship........................................ ..................... - ...................................-
63
Births and deaths, concealment of, by mother................... ...................
Births, registration o f . ........................................................................................
64
65
Custody.........................
Definitions...............................................................................................................
66
66
D ivorce........................................................................................
Guardianship of mother, consent to appointment of guardian, etc.
66
67
Incestuous marriages................................................................................. ^- . .
67
In h erita n ce ........ ................
Juvenile courts............ : .................................. ......................................... ...........
68
69
Legitim acy, presumption of, e tc...... .............................................................
Legitimation, methods of...............
69
70
Marriage and d ivo rce........................................
Maternity hospitals, lying-in homes, boarding homes for in fa n ts...
71
73
N am e.............................................................................................................- ...........
Residence, settlement, dom icile...................................................... - ..........
73
74
W orkm en’s compensation law s..................................................
74
|..........
Support legislation___ : .................................................................... .....................
75-79
Illegitim acy proceedings.............................................
75
Care and support.......... .............................................
Mothers’ pensions...............
Abandonment, desertion, nonsupport.............. ...................................
75
.
Miscellaneous........ .........................................
77
77
. 78-79
Laws specifically applying to illegitim ate ch ild re n . ................
78
Laws apparently applying to illegitim ate children......................
78
Reference index b y States.............................................
80
Codes, revisions, or compilations used.................. .....................................................
97
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LETTER OF TRANSMITTAL.
U. S.
D epartm ent
of
L abor,
C h il d r e n ’s B u r e a u ,
Washington, May 22, 1919.
Herewith I transmit the second report issued by the Chil
dren’s Bureau on the subject of illegitimacy. The first was a trans
lation and brief analysis of the Norwegian laws affecting children
born out of wedlock.
This second report contains the exact text of the illegitimacy
legislation of the United States, France, Germany, and Switzerland,
together with an analysis of the legislation of the United States
prepared for the bureau by Ernst Freund, professor of jurisprudence
and public law at the University of Chicago Law School. A tabular
analysis and a reference index of the illegitimacy laws of the United
States are also included in the report.
The material of this report is issued in two forms— one containing
Mr. Freund’s comment on illegitimacy legislation, the tabular analy
sis, and the reference index, and the other containing, in addition,
the text of the laws.
That the child born out of wedlock should not be punished, but
protected, is the guiding principle in modern work for the care of
such children as are thrown upon the community for support. In
the legislation which formulates the relation of the natural child to
his parents and to the community, this principle is also beginning
to appear. The need for improved legislation is evident, but legis
lative changes might well follow careful study of the various angles
from which improvement has been attempted in this country and
abroad.
Mr. Freund was assisted in the preparation of the tabular analysis
by Mr. Roy Massena and Mr. Clay Judson. The reference index was
prepared by Mr. Carl A. Heisterman of the Children’s Bureau. Miss
Anna Kalet of the Children’s Bureau assisted Prof. Freund in the
compilation and translation of the- text of foreign laws.
Respectfully submitted.
Sir :
J u l ia
Hon.
W .
B.
W i l s o n ,.
Secretary of Labor.
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C. L ath rop,
Chief.
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ILLEGITIMACY LAWS OF THE UNITED STATES.
ANALYSIS AND INDEX.
COMMENT ON THE ILLEGITIMACY LAWS OF THE
UNITED STATES.
Statutes relating to illegitimacy must be read in connection w ith'
the common law upon that subject. The common law as well as
the interpretation of the statutes is found in the judicial decisions.
The English decisions will be found collected in Halsbury’s Laws o f ;
England, Vol. II, title, Bastardy; the American decisions in the
Corpus Juris of the American Law Book Co., Vol. I ll, title, Bastards
(written by Edward C. Ellsbree).
:
The common law of England, which is also the American common
law, is more unfavorable to the illegitimate child than the civil law!
of Rome, on which the continental legal systems are based, mainly
in two respects: It does not recognize a legal relationship even be
tween the mother and the child and it does not allow legitimation
by subsequent marriage. The bastard is described as “ filius nullius,”
and this designation characterizes his status from the point of view
of the law of property. The natural relationship is, however, recog
nized for the purpose of applying the law prohibiting marriage
within the degrees defined by law (R. v. Brighton, 1 B. & S. 447,
1861), and the natural claims of the mother are given effect in de-.
termining the right to the custody of the child (Queen v. Nash1
10 Q. B. 454, 1883), the intimation thrown out by an English judge
in an earlier case (re Lloyd, 3 1 . & G. 547, 1841) that the mother,
is not different from any stranger, being repudiated in the later
decision.
English legislation has done nothing to alter the civil status of
the child, but has confined itself to what may be described as meas
ures of police. The legislation of Queen Elizabeth (1576), in addi
tion to certain correctional provisions (see Blackstone, Bk. IV, p. 65),
introduced the system of compelling support by the father, which
has remained the main feature of the English bastardy law, and
which has been taken over by the American States. The duty of
the mother to maintain the child was established by the poor law
amendment act of 1834 (4 and 5 William IV, ch. 76, sec. 51). The law
relating to support by the father (bastardy or affiliation proceedings)
was amended by a number of statutes, the last of which was enacted
in 1918. The workmen’s compensation act of 1906 gives the benefit
of its provisions to illegitimate dependents and parents or grand
parents dependent upon illegitimates. An act of 1858 (21 and 22
9
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IL L E G IT IM A C Y L A W S .
Viet., eh. 93) permits proceedings for a decree declaring the petitioner
to be the legitimate child of his parents, but without in any way
touching the substantive law or the law of evidence concerning
legitimacy, so that the act has no bearing upon the law of illegit
imacy.
American legislation has been more active. The English type of
bastardy-support legislation has been taken over by nearly all the
States and continues to be the dominant feature of our laws concern
ing illegitimates. In contrast to England, however, there has been
also considerable legislation concerning the status and the civil
rights of illegitimates. In part this legislation undertakes merely to
enact rules of the common law, the acts laying down the presump
tions regarding illegitimate birth being of that character. In part
the legislation alters the common law by establishing rules more
favorable to legitimates. As early as 1785 Virginia introduced the
three reforms most conspicuous in this respect: Making the issue of
certain annulled marriages legitimate; adopting the civil-law prin
ciple of legitimation by subsequent matrimony; and creating rights
of intestate succession between the illegitimate child and the mother.
It is remarkable that the neighboring State of North Carolina should
not have adopted the second of these principles until 1917, New
Jersey not until 1915, New York not until 1895; but the three reforms
have become law in most of the States, with various modifications.
-Until recently there has been little legislation bearing on the .status
of the illegitimate child with reference to the father or greatly alter
ing the father’s obligations; the last few years have, however, wit
nessed some important changes in this respect, and radically new
departures were undertaken in two States in 1917. The stagna
tion of legislative thought on this important subject which char
acterized most of the States during the greater part of the nine
teenth century appears to have come to an end, but the lines that
are likely to be taken by new legislation are not clearly marked out.
The following brief analysis of American illegitimacy legislation
attempts merely to outline its main features.
The subject will be considered under the following heads: Illegiti
macy in relation to marriage and birth; The illegitimate child and the
mother; The illegitimate child and the father.
Bastardy-support
legislation naturally connects with the third of these categories.
1. ILLEGITIMACY IN RELATION TO MARRIAGE AND BIRTH.
The child born out of wedlock, and the presumption of legitimacy.
The problem of illegitimacy is mainly concerned with children
born of unmarried mothers. However, the law recognizes the possi
bility that the child of a married woman is not the child of her hus-
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C O M M E N T O N L A W S OF T H E U N IT E D STATE S.
11
band and therefore illegitimate. There is by the common law a
strong presumption that a child born of a married woman is the
child of her husband and therefore lawful. The presumption is not
indisputable, and contrary proof is admitted now somewhat more
readily than it was under the earlier law, when it was contended
that nothing short of the husband’s absence beyond the seas during
the period of conception or his apparent incapacity for procreation
would suffice to overcome the presumption (Coke on Littleton, 244a).
At present it is sufficient to prove that the husband did not have
intercourse with his wife during the relevant period, while it is not
sufficient to prove that other men had intercourse with her at the
time. On general principles of the law of evidence, however, neither
husband nor wife may testify as to the fact of intercourse or non
intercourse, but the proof must be furnished by other means.
The matter of presumption is dealt with by statute in a number of
States. Louisiana appears to have the fullest provisions in that
respect. Georgia (Code, sec. 3012) expresses the rule of the common
law by providing:
A ll children born in wedlock, or w ithin the usual period of gestation thereafter,
are legitimate.
The legitim acy of a child thus born m ay be disputed.
W here pos
sibility of access exists, except in cases of divorce from bed and board,1 the strong
presumption is in favor of legitimacy, and the proof should be clear to establish the
contrary.
Oregon and North Dakota provide that the presumption that the
issue of a wife cohabiting with her husband who is not impotent is
legitimate is conclusive and indisputable (North Dakota, sec. 7935;
Oregon, sec. 798), this provision being intended to be part of a codifi
xation of the common law. “ Cohabiting with her husband” should,
perhaps, be construed to refer to actual access and intercourse;
if so construed, it expresses the common law.
California and the States following it (North and South Dakota,
Montana, Oklahoma) express the ordinary presumption in favor of
the legitimacy of a child born in wedlock, but add that the presump
tion shall be disputable only by the husband, the wife, or a descendant
of either. The latter restriction would make it impossible for a collat
eral heir to prove illegitimacy in order to establish his own right to
succession.
A number of States have special provisions regarding the relation
of a decree of divorce to the legitimacy of children, which, in so far
as divorce means the dissolution of a valid marriage, are believed to
express merely the common law; these provisions will be noted
hereafter. The same is probably true of the provision of the Code o£Georgia (sec. 3012), also found in Alabama (sec. 3807), that if preg
nancy existed at the time of the marriage, and a divorce is sought and
1A child conceived after judicial separation from hed and hoard is not covered b y the presumption of
legitimacy. (Halsbury, V ol. II, sec. 720.)
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IL L E G IT IM A C Y L A W S .
obtained on that ground, the child, though born in wedlock, is not
legitimate.
Child born before the marriage of the parents.
It is the fact of birth, and not of conception, out of wedlock that
renders issue illegitimate. A child born after marriage is legitimate
though it is evident that it was conceived before, subject to the proof
of illegitimacy, as in other cases.
A child born before marriage, according to the common law of
England, is not legitimized by the marriage of the parents. In 1235
the Parliament of Merton repudiated the civil and canon law doctrine
of “ legitimatio per subsequens matrimonium,” declaring “ nolumus
leges Anglise mutari.”
Legitimation by subsequent matrimony has been introduced by
statute in many American States. A number of the statutes express
the requirement, which in any event must be implied, that the child,
in order to be legitimized, must be acknowledged or recognized as
his own by the person marrying the mother, or that the mother
shall marry the reputed father (North Carolina). The provision that
the child is legitimated by the father adopting him into his family
(Oklahoma) will regularly be satisfied by the father marrying the
mother. In a few States (Colorado, Maine, Kansas) marriage of the
parents with acknowledgment of the child, or acknowledgment alone
(SouthDakota), gives the latter a right of inheritance without in terms
legitimating him. Rhode Island, Delaware, South Carolina, and Ten
nessee seem as yet to lack such provision for legitimation. The de
sirability of such legislation is obvious. Legitimation is preferable
to giving merely a right of inheritance, since it takes care of the
duty of support. The right of inheritance, in case of legitimation by
subsequent marriage, is peculiarly qualified in Nebraska, where it is
given only if the parents have other children; until 1914, in New
Jersey, it was given only if the parents had no legitimate children.
Issue of void and voidable marriages.
The difference between void and voidable marriages— a matter
involved in much difficulty, owing to the operation of statutes upon
canon-law and common-law doctrines—is of importance with refer
ence to the status of the offspring. The issue of a void marriage is
illegitimate. Bigamous marriages and marriages vitiated by lack of
mental capacity are instances in point. If a voidable marriage was
annulled by judicial decree, it was regarded as void ab initio and the
issue was likewise illegitimate. However, the common law would not
allow a voidable marriage to be annulled after the death of one of the
parties (1 Blackstone, 434; Salkeld, 548), and death would thus
make it impossible to question the status of issue which to all intents
and purposes became legitimate.
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C O M M E N T O N L A W S OF T H E U N IT E D STATES.
Voidable marriages were not only those concluded under fraud or
duress but also those within the prohibited degrees of consanguinity
or affinity. An act of 1835 (5 and 6 W. IV, ch. 54), however, rendered
all marriages between persons within the prohibited degrees of consan
guinity or affinity “ absolutely null and void to all intents and pur
poses whatsoever,” with the effect of bastardizing the issue.
In America marriages within the prohibited degrees are generally
declared by statute to be void and not merely voidable. In the
absence of saving legislation the issue of these marriages must there
fore be held illegitimate, as well as the issue of voidable marriages an
nulled by judicial decree.
LEGISLATION LE G ITIM A TIN G TH E ISSUE OF VOID OR ANNULLED M A R RIA GE S.
Legislation legitimating the issue of void or annulled marriages is
common in America, and is of more or less extensive scope, as follows:
1. In a large number of States the issue of all void marriages is declared legitimate:
Alaska, Arizona, California, Minnesota, Missouri, Montana, Nevada, New Mexico,
North Dakota, Ohio, Oklahoma, Texas, Utah, Virginia, W est Virginia, Wisconsin.
2. The saving is restricted in the case of bigamy to innocent marriages (Indiana).
3. A n exception is made from the saving to the prejudice of incestuous marriages
and those between persons of different color in K entucky.
4. The issue of bigamous marriages is specially saved—
(а) If the marriage was innocent or in good faith either on the part of both or on the
part of one: Maine, Massachusetts, District of Columbia, Hawaii, Indiana,
K entucky, Wisconsin, Nebraska, Michigan, New Y ork.
(б) Made legitimate only as to the one capable of contracting marriage: Nebraska,
Michigan, N ew Y ork .
#•
5. W here one of the parties is a lunatic, the issue is legitimate as to the other (compe
tent) party:
Maine,
Massachusetts,
Vermont, New Y ork, K entucky,
Michigan,
Nebraska, W yom ing, Hawaii. In several of these States the saving extends to inva
lid ity on account of nonage; in Michigan to annulment for fraud.
6. The issue of incestuous marriages is made legitimate generally in Oklahoma;
with a restriction to the period prior to annulment in Alabama; with a restriction to
cases of affinity in Pennsylvania.
7. The issue of validated marriages is declared legitimate in Texas, and, with
particular reference to cohabitation between former slaves, in many States.
8. In North Carolina issue is not bastardized if the marriage has not been annulled
during the lifetime of one of the parties, except where the marriage was between
persons of different race or color.
Congress by act of March 22, 188-2 (22 Stat. L.) legitimized the
issue of Mormon (polygamous) marriages born before January 1.
1.883.
Oklahoma favors legitimacy by permitting marriage below the
normally required age where the object of the marriage is to settle
a bastardy action.
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IL L E G IT IM A C Y L A W S .
LEGISLATION DECLARING TH E ISSUE OF C ERTAIN M A R R IA G E S ILLEGITIM ATE.
There is, on the other hand, legislation expressly declaring the issue
of certain illegal marriages illegitimate:
a. In case of incestuous marriages or marriages within the prohibited degrees in
Massachusetts, Maine, New Hampshire, Verm ont, Michigan, Hawaii, and Rhode
Island.
b. In case of marriages between persons of different race in Florida, Kentucky,
and Nebraska.
c. In case of bigamous marriages in Florida, and, if the same have been annulled,
in New Jersey and K entucky.
d. T h e law of Illinois has a saving of the issue of divorced marriages except in case
of bigam y; the provision for divorce does not apply to incestuous marriages, for which
likewise there is no saving provision.
T H E L A W OF LO U ISIA N A .
The law of Louisiana is altogether peculiar. A distinction is made
between the illegitimate offspring of persons who at the time of con
ception might have legally contracted marriage with each other and
the offspring of persons to whose marriage there existed at the time
some legal impediment (art. 181). The latter are designated as
adulterous or incestuous bastards. Adulterous or incestuous bastards
are not legitimated by subsequent marriage (which is possible where
the connection was not incestuous), nor can they attain through
acknowledgment the status of “ natural children” (202-204), nor can
they be adopted (214). Even the right of alimony apparently exists
only against the mother and her descendants (art. 245; but see arts.
242 and 920). It follows from these provisions that the issue of
marriages void either by reason of bigamy or of relationship, so far
from having a preferred status, are stigmatized beyond redemption.
This is the reverse of the policy adopted by most other States.
C O M M E N T O N T H IS LE G ISL A T IO N .
If the marriage contract is vitiated by an initial defect, the ille
gitimacy of the issue follows as a logical result, whether the marriage
be void or voidable, and it requires some positive rule of law to avoid
this result. 'T he rule forbidding the ecclesiastical courts to entertain
a suit for nullity after the death of one of the parties to the apparent
marriage legitimized the issue of many marriages that fell under the
ban of the canon law, but there was no similar saving principle for
marriages annulled by the operation of common law or statute, and
the reduction of the province of the canon law operated to increase
the number of cases of illegitimacy.
There is no need for explaining the policy of saving legislation on
behalf of the issue of void marriages; we should ask rather: What
is the purpose of withholding legitimation in specified cases of nullity
or of express bastardization of the issue in similar or in other cases ?
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C O M M E N T O N L A W S OE T H E U N IT E D STATES.
15
The idea of incestuous or of bigamous marriages is abhorrent to
common instincts, and a widespread and deep-seated prejudice exists
against miscegenation between races of different color; it is therefore
perhaps not surprising that there should be a tendency to carry the
invalidity of such unions to every logical consequence. Where, more
over, a formal celebration of a marriage is made mandatory and an
informal or so-called common-law marriage is made illegal and null,
it will be asked, What is the sanction of such a rule, if the issue of
the union is not made illegitimate ?
On the other hand, however, it is necessary to consider the legal
and practical effect of illegitimacy in such-cases. The most conspic
uous effect is the loss of the right to inherit. The parent can over
come this by giving through a will what the law denies (a special
exception will be noticed later on), but from the point of view of the
child it is a pure penalty. There are indeed cases where the with
holding of a right to inherit seems justifiable, as e. g., if a wealthy
woman should be inveigled into a marriage without her consent
(insanity, duress, etc.), it may be contended that offspring in such
a case has no claim to share in her or in her family’s wealth. But
cases of this kind should be carefully considered and specified; and
a mere vindictive tendency on the part of the legislator is apt to go
wrong. Thus we find some statutes providing that in case of a biga
mous marriage the issue shall be legitimate with reference to the
party who was competent to marry or the party who was in good
faith; yet it is this very party who (or whose relations) may desire
to repudiate claims to inheritance on the part of the offspring, while
the guilty bigamist is morally bound to take care of the issue. The
legislature apparently views this problem purely from the point of
view of the lawful wife of the bigamist and her children and safe
guards her and their interests at the expense of innocent children.
The problem is certainly, one deserving careful attention.
Another question concerns the right of children of void or voidable
marriages to a name. Ordinarily the illegitimate child bears the
name of the mother. Can any good reason be given why, if the union
is to be stigmatized, the child should bear the name of the mother,
perhaps innocent, rather than that of the father, perhaps guilty ?
There remain to be considered custody and support. If the issue
of the void marriage is illegitimate, these belong to the mother.
There may be no difficulty as to the custody; but the duty of support
may be unjustifiable if laid upon the mother alone. The policy of
legislation has been for centuries to place part of the burden upon
the father; yet upon examination the bastardy laws will be found to
be ill suited, or not applicable at all, to the issue of an annulled mar
riage. Under these circumstances to declare issue illegitimate is to
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IL L E G IT IM A C Y L A W S .
relieve the father of an obligation. The need for legislation may not
be urgent in view of the scarcity of cases of this kind, and of the great
probability that children will be cared for; yet there ought to be a
provision making it the duty of the father to support the child. Some
statutes relating, to annulment of marriages give appropriate powers
to courts in making decrees of nullity (Connecticut, 5293); but it will
be observed that incestuous and bigamous marriages are void without
a decree.
A strong case exists for extending to all the States the provision
legitimating the issue of void and voidable marriages, or at least of
making provision for support and for considering the question of
inheritance.
Divorce and illegitimacy.
A considerable number of States have provisions in their divorce
statutes relative to the legitimacy of the issue of the divorced mar
riage, to the effect either that the decree shall not affect the legitimacy
of the issue or that the question of legitimacy may be determined by
the court or as at common law. If divorce is clearly distinguished
from an action of nullity, there can be no ground for holding that
divorce in itself bastardizes the issue born before the dissolution of
the marriage. A provision may be proper to prevent the ipso facto
bastardization of issue conceived before, but born after, the divorce.
At common law, howeve'r, the presumption of legitimacy may be
overcome by positive proof that the husband is not the father of the
child; and it serves a valuable purpose to permit, in an action for di
vorce on the ground of the wife’s adultery, the question of the legiti
macy of issue to be raised and determined, since without such provi
sion the question, in order to be decided, has to arise incidentally to
some litigated question,1 and the wife’s adultery is capable of being
established without involving the legitimacy of any child.
There is only one case in which legitimacy is necessarily involved
in an action for divorce; and that is where divorce is obtained on the
ground of antenuptial pregnancy, since the divorce will not be granted
if the husband could have been himself the father of the child. Ala
bama, Georgia, and Kentucky make express provision for this. The
action in such a case is rather for annulment than for divorce. The
ground of annulment in such a case is fraud, and the cause of action
presupposes that the man is ignorant of the pregnancy. Where a
person marries a woman knowing her to be pregnant, he thereby con
clusively admits paternity; and any other person is thereby relieved.
(62 Iowa 343; 43 Ohio St. 473.)
i Indiana seems to be the only State to permit a special proceeding to establish legitimacy or illegitimacy,
which, however, is confined to the case of a prior undissolved marriage unknown to one of the parties.
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C O M M E N T O N L A W S O F T H E U N IT E D ST AT E S.
Miscellaneous
relationship.
provisions
regarding
illegitimate
children
17
and
Notwithstanding the occasional reference in statutes to the legal
disabilities of bastardy, the bastard, both at common law and under
modern legislation, has the same legal capacity as any other person;
the disabilities attaching formerly under other legal systems to
illegitimate birth with reference to the right to be admitted to
certain callings, guilds, etc?, have disappeared.
Modern legislation recognizes, however, the social stain that
attaches to illegitimate birth by occasional provisions seeking to
shield the child from this stigma.
Thus, while the standard form of birth registration adopted by the
United States Bureau of the Census requires the certificate to state
whether the child is legitimate or illegitimate, a few States provide that
in such a case no identifying data be given, and registration officers
are forbidden to disclose facts from which the fact of legitimacy or
illegitimacy may be discovered, except on order of a court. (See
the provisions of the laws of Massachusetts, the District of Columbia,
and Minnesota.) In Massachusetts and New York the record o f an
adoption proceeding must not disclose whether the child is legiti
mate or illegitimate. More commonly the law seeks to shield the
parents, and particularly the name of the father is not required to
be given if the child is illegitimate. The provision of the law of
Hawaii requiring the mother of an illegitimate child to state in the
certificate of birth the name of the father is unique. It may finally
be observed that Minnesota in 1917 took care to substitute the word
illegitimate for bastard in the statutes where the latter term occurred.
2. THE ILLEGITIMATE CHILD AND THE MOTHER.
The dependent status of the married woman at the common law
resulted not only in the absolute dormancy of any legal rights of
the mother during the lifetime of the father but exerted its influ
ence even after his death; for the father had power by deed or will
to appoint a guardian for his minor children, and the statute grant
ing or confirming this power (1670) ignored any rights of the mother.
With such an attitude toward the rights of the lawful mother it is
not surprising if we hear little of the rights of the illegitimate mother.
She is first recognized in criminal legislation, correctional measures
being provided for by statutes 18 Eliz. c. 3, and 7 James I, c. 4
(Blackstone IV, 65). An act of 1623 made it punishable as murder
if a lewd woman concealed the birth of her child and the child was
found dead, unless she proved that it had been born dead. (Stephen,
History of Criminal Law, III, 118.) The concealment of the birth
and death of a child has since been made an offense without reference
90956°— 19------ 2
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IL L E G IT IM A C Y L A W S .
to illegitimacy. - (Criminal law amendment act, 1828, sec. 14.) The
poor law amendment act of 1834 gave the illegitimate child the
settlement of the mother and imposed upon her a duty of support;
and her neglect to maintain the child when able to do so, whereby
the child becomes chargeable on the parish, is punishable. (Poor
law amendment act, 1834.) The English statute does not appear to
recognize other reciprocal rights and obligations, between mother
and illegitimate child until the workmen’s compensation act of 1906,
which takes care of actual dependency though based on illegitimate'
parentage. The mother’s custody of the child was recognized by the courts
from the end of the eighteenth century where the child was taken
from her by force or fraud, a grant of habeas corpus under such cir
cumstances not necessarily implying a legal right in her to the person
of the child. (R. v. Soper, 5 Term.R. 278, 1793; R. v. Hopkins, 7
East 579, 1806.) But in 1883 the court of appeal conceded that
the natural relationship gave rise to a right of custody. '(Queen v.
Nash, 10 Q. B. 454.)
The English law has never admitted any right of intestate suc
cession between mother and illegitimate child.
For America we must assume the continued existence of the
English common law (unaffected by English statutes) in the absence
of proof to the contrary.
The courts of Connecticut have held that by the custom of that
Colony and State the relation of the mother to the illegitimate child
is substantially the same as to a lawful child, carrying with it rights
of inheritance, and enabling the child to take under gifts to the issue
of the mother, if ‘ Tawful” issue is not expressly specified. (5 Conn.
228, 6 Conn. 35, 12 Conn. 165, 88 Conn. 269.) No such change of
custom has been asserted for any other jurisdiction, but a legal
relation between mother and child seems to be tacitly assumed.
Georgia, where the common law is in a manner codified, declares
the mother to be the only recognized parent of the illegitimate
child (3628).
American legislation has, however, recognized the relation between
mother and illegitimate child in such a manner as to approximate
the status to that of lawful parent and child. In this departure it
had no English models to follow; the English legislation regarding
concealment of birth and death— either confined to illegitimates or
generalized—has, however, been generally taken over into our crimi
nal codes. The most important statutory change of the common
law is that relating to the right of inheritance; there are in addition
scattered provisions relating to custody, guardianship, apprentice
ship, and adoption to be noted.
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C O M M E N T O N L A W S OF T H E U N IT E D STATES.
19
Right of inheritance.
The statutes naturally distinguish the right to inherit from the
illegitimate child and the right to inherit from the illegitimate
mother, the latter right being not so commonly granted as the
former. Thus, New York in the Revision of 1828, while giving the
mother the right to inherit from the child, expressly declared the
illegitimate incapable of inheriting (1 R. S. 753, 754, sees. 14, 19),
while Massachusetts iu the same year established reciprocal rights,
as Virginia had done as early as 1785.
The States differ as regards the right to inherit from the kindred
of child or mother as the case may be, and the statutes of each State
must be consulted on this point; for the purposes of this summary
the following observations will suffice.
The possibilities to be considered are:
1. A S R E G A R D S IN H E R IT A N C E F R O M O R T H R O U G H T H E C H IL D .
a. The mother inherits from the child.
b. The mother inherits from the child’s -descendants (or other kindred).
c. The mother’ s kin (or specified near kin) inherit from the child.
d. The mother’s kin (or specified near kin) inherit from th e ch ild ’s descendants
(or other kindred).
2. A S R E G A R D S IN H E R IT A N C E F R O M O R T H R O U G H T H E M O T H E R .
a. The child inherits from the mother.
b. The child inherits from the mother’s kin (or specified near k in), particularly
from other illegitimate children of his mother.
c. The child’ s descendants (or other kindred) inherit from the mother.
d. The child’s descendants (or other kindred) inherit from the mother’s kin (or
specified near kin).
(See Dickinson’s appeal, 42 Conn. 491, 509.)
A particular problem is presented in adjusting succession rights
of or from illegitimates to claims of lawful relatives: Should illegiti
mate children take from the mother when she has lawful children,
and should they take what the mother has received from her lawful
husband ? Should illegitimate children take only from other illegiti
mate children or also from her lawful children ?
The natural order should, of course, be adhered to; i. e., the mother
should not be admitted to succession in concurrence with the children
or issue of the illegitimate, nor in preference to, or perhaps not even
in concurrence with, the illegitimate’s lawful spouse.
There is some danger in overlooking these common orders of
priority where succession rights based on illegitimacy are introduced
by separate legislation. Thus, in 1917 Delaware gave the illegitimate
an unqualified right of succession from the mother, thereby, if effect
were given to ordinary rules of construction, ousting the rights of
the mother’s lawful children; and a number of States in giving the
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IL L E G IT IM A C Y L A W S .
mother a right to inherit from the illegitimate child, ignore the prior
claim of any husband or wife which the illegitimate may leave, and
recognize merely the preferred right of the illegitimate’s own issue.
In Kansas and NewMpxico the mother is preferred, as an intestate
heir, to the father, where the latter has acknowledged paternity.
In Louisiana the reciprocal rights of succession depend upon formal
acknowledgment by the mother. (Co de, 918,922.) In the District of
Columbia the child does not inherit the mother’s real estate if the
mother was incapable of making a will (958).
Unless the legislature deliberately desires to exclude or subordinate
illegitimate children where there are lawful children of the same
mother, or desires to limit the right of succession so far as the mother’s
kindred are concerned, the simplest and adequate method of' dealing
with the matter is to declare that for purposes of applying the law
-of intestate succession or of descent and distribution, the relation
between the mother and her kin and her illegitimate child and the
kin of the child shall be the same as if the child were the lawful child
of the mother. This is practically done, although with somewhat
imperfect phrasing, in Florida (2292), and, likewise, in a rather cir
cumstantial manner, by the Pennsylvania act of 1917 and 'the
elaborate provision of Illinois seems to have the same effect.
Custody and guardianship.
In several States there is an express provision that the mother is
the natural guardian of her illegitimate child (Arkansas, Missouri,
Vermont); the provisions in other States (North and South Dakota,
Oklahoma, Wyoming, and Arizona) that the mother may appoint a
guardian for her illegitimate child, born or unborn, presupposes such
natural guardianship. Missouri also entitles the mother to the child’s
earnings and binds her to support it to the extent of such earnings.
In many States the settlement or residence of the illegitimate child
follows that of the mother. In Hawaii and in Pennsylvania the
child bears the name of the mother.
It has been seen that even in England the law now recognizes the
rights of the illegitimate mother over the person of the child, and the
fight of natural guardianship may be assumed for all States. Such
right is incidentally recognized in many States by provisions author
izing the mother to bind the illegitimate child as an apprentice, as
the father may his lawful child. This is a matter of relatively slight
importance now; but the same recognition is found in most of the
adoption laws of the American States. Where these require the
consent of the natural parent, such consent, for the illegitimate
child, is always required to be obtained from the mother. The
provisions dispensing with consent in case of unfitness or abandon
ment are the same for illegitimate mothers as for legitimate parents
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C O M M E N T O N L A W S OF T H E U N IT E D ST AT E S.
21
and are consequently of no particular significance in connection with
the law of illegitimacy. Mississippi and South Carolina also expressly
recognize the relation between mother and child in the wrongfuldeath act.
In view of the various provisions recognizing as between the
mother and the illegitimate child one or more if not all the incidents
of parenthood, it is safe to say that they sustain to each other the
legal relation of parent and child. From this it would also follow
that the mother is liable to the penalties of the modern abandon
ment statutes which speak of abandoning one’s child or minor child
or child under a specified age. While there seem to be no judicial
decisions directly in point, this is probably due to the fact that an
abandonment act contemplates primarily delinquency on the part
obthe father.
The peculiar position of the illegitimate mother is recognized in
Massachusetts and New Hampshire by giving her the right to give up
the child while it is under the age of 2 years to the State board of
charities. In these States this operates as a consent to the adoption
of the child by another, and in Michigan, likewise, an institution to
which an illegitimate child is surrendered b y the mother gives the
required consent to the adoption of the child.
The law might be considerably simplified by a general declaration
to the effect that for the purpose of all legal rights and obligations
an illegitimate child should be deemed to be the legitimate child of
its mother. Such is the German law, Civil Code, section 1705: “ The
illegitimate child has in relation to the mother and to the relatives
of the mother the legal position of a legitimate child.” It might be
proper to contain a reservation for gifts made to or in favor of the
“ lawful” issue of a woman; but ordinary rules of construction would
probably exclude the illegitimate child under such a form of gift, as
is also recognized in Connecticut. (88 Conn. 269, 282.)
3. THE ILLEGITIMATE CHILD AND THE FATHER.
In general.
As before stated, the relation between the father and the illegiti
mate child is recognized by the common law in one respect, namely,
for the purpose of counting the degrees within which marriage is
prohibited. (R. v. Brighton, 1 B. & S., 447.) American statutes
have adopted this principle by making the law regarding incestuous
marriages apply to illegitimate as well-as legitimate relationships.
Knowledge of the relationship is not required to invalidate the
marriage, though it probably is for the purpose of treating incest as
a crime.1 For all other purposes the father and the illegitimate
1 Expressly so provided in English punishment of incest act, 1908, sec. 1.
gitimate relationship (sec. 3).
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This act also applies to ille
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IL L E G IT IM A C Y L A W S .
child are by the common law strangers to each, other. A father may
receive an illegitimate child into his family and treat it- as his own,
and he may remember it by will, but if he gives to his children by a
named woman, not his wife, generally, so as to include children
other than those recognized by him as such at the time of the will,
the gift is held in England to be void for uncertainty, since the law
will not inquire whether children bom by a woman through illicit
intercourse are born of this or that particular man. For this civil
purpose, then,, the English law adopts the principle of the French
Code, superseded only in 1912, that inquiry into paternity will not
be undertaken. The will may, however, give to the children of the
wom^ri, or even to the children o f the woman who are reputed to
be the testator’s, since the testator’s actual paternity in that case
is irrelevant. (Hastie’s Trusts, 35 Ch. D., 728.)
. v, v
The statute law of England takes cognizance of the relation be
tween father and illegitimate child only in the bastardy support
legislation, to be more fully noted presently, and the workmen’s
compeiisation act of 1906 (sec. 13) d
American legislation.
a.
Legitimation.— While most American States provide for legiti
mation of illegitimate children by the marriage of the parents, only
a minority of States permit legitimation without such marriage.
Such provision may be desirable where the death of the mother
prevents a marriage to the father.
Legitimation where permitted is either formal or informal; if formal,
either through a judicial proceeding or without one.
Legitimation by judicial proceeding is found in Alabama, Georgia,
Mississippi, North Carolina, and Tennessee. The method is a simple
petition for a decree or order legitimating the child, and, if so desired,
giving him the name of the father; the latter consequence, it seems,
does not need special provision. The right to inherit is generally
expressed in terms; this provision, if, as in Mississippi, confined to
declaring the child the heir o f the father, is calculated to throw
doubt on the right of the father to inherit from the child, which is a
consequence of legitimacy. The reciprocal right is expressly de
clared in North Carolina.
In Michigan legitimation is effected by a writing executed and
recorded like a deed; the child becomes legitimate to all intents and
purposes. In Louisiana legitimation requires a notarial act.
California illustrates the type of informal legitimation: “ The father
of an illegitimate child, by publicly acknowledging it as his own, re
ceiving it as such, with the consent of his wife, if he is married, into
i The national insurance act, 1911, defines dependents as including such persons as the approved society
or insurance committee shall ascertain to be wholly or in part dependent upon his earnings (sec. 79). T h e
war-pension legislation likewise speaks of “ dependents.”
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C O M M E N T -O H L A W S OF T H E U N IT E D STATE S.
23
his family, and otherwise treating it as if it Were a legitimate child,
thereby adopts it as snch; and such child is thereupon deemed for
all purposes legitimate from the time of its birth.”
The same or a similar provision is found in (among other States)
Arizona, Maine, Montana, Oklahoma, North and South Dakota,
Nevada, and Utah.
Where no provision is made for legitimation (i. e., in the majority
of States), practically the same effect can generally be accomplished
by adoption. (See, e. g., Vermont, sec. 3757.) Adoption may have
the advantage of not disclosing the fact of illegitimate parentage and
birth, which outweighs the theoretical benefit of removing the stain
of illegitimacy by formal legitimation. If adoption may leave the
child outside the scope of gifts made to the issue of the adopting
person, the same doubt may arise in ease of legitimation, for it is
not clear that a gift to the lawful issue of a person would apply to
legitimated issue.
A difficulty exists under adoption laws like that o f Illinois where a
person may adopt only a child not his own. Here there is no way
of giving the illegitimate child a better status after the mother has
died. An act of Illinois of 1915 expressly allows a person to adopt
the child of his wife, but the difficulty with regard to the illegitimate
child is not removed.
Where the mother is alive, legitimation should not be permitted,
except by marrying her, or without her consent, if the father is mar
ried to some other woman. Under the existing laws regarding legiti
mation, difficult questions may arise as to the respective rights of
father and mother after legitimation, illegitimate competing with
legitimized parentage. (Templeman v. Brunner, 42 Okla. 6.) Where
the mother is alive and the father can not marry her, adoption seems
the more appropriate proceeding, since the adoption laws take cog
nizance of the rights of the natural parent.
b.
Rights o f inheritance.— Some States give, without express legiti
mation, a right of inheritance to a child in case of acknowledgment by
the father. California attaches this effect to an acknowledgment in
writing, but so that the child does not represent the father in inherit
ing from the latter’s kindred.
Kansas grants this right as follows: “ Illegitimate children] shall
inherit from the father whenever they have been recognized by him
as his children; but such recognition must have been general and
notorious, or else in writing % (3845). The provision in New Mexico
is the same. Iowa, and since 1917 also Wisconsin, &dd to the latter
provision a right to inherit from the father whose paternity has been
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IL L E G IT IM A C Y L A W S .
proved during his lifetime, but in Wisconsin (as in California) the
child does not inherit as representing the father.
In these States, if the recognition is mutual the right of inheritance;
is reciprocal, but in Kansas and New Mexico the mother is preferred
as an heir to the father.
South Carolina recognizes legitimation by adoption. In that State
a father who has a wife or lawful children may not as against them give
or bequeath to an illegitimate child more than one-fourth part of his
estate, and this restriction also applies after the child is adopted, and
is in that event extended to the child’s right to inherit (3454, 3575,
3798).
Congress in 1887 annulled the laws of the Territory of Utah recog
nizing the capacity of illegitimate children to inherit and declared
that no illegitimate child should thereafter be entitled to inherit from
the father, with certain savings. This legislation is superseded by
the present laws of the State of Utah.
c. Law o f Louisiana.— In Louisiana the law recognizes the special
status of natural children. These are illegitimate children acknowl
edged by the parents or either of them, the relation between the par
ents being such that at the time of conception they were legally
capable of contracting marriage. Natural children inherit from the
parent who has acknowledged them (but not from the relations of
the parent); in the case of the father, if there are no lawful relatives
or wife to inherit, i. e., only to the exclusion of the State; from the
mother, if she leaves no lawful children or descendants. On the
other hand, the natural child, dying without posterity, transmits his
estate to the acknowledging parent or parents,1 or if they be dead to
the natural brothers and sisters (arts., 918-923). The natural child
is further restricted in his capacity to receive property by gift or by
will from the parent. If there are legitimate descendants, the per
missible portion is measured by the needs of the child; if none, it
is one-fourth or one-third of the property according to the proximity
of the lawful heirs (1483-1488). Adulterine or incestuous children
can under no circumstances receive more than bare sustenance.
d. Other 'provisions—Besides the provision for legitimation and in
heritance, the most important legislation bearing upon the relation
between father and illegitimate child is that looking toward com
pulsory support, which makes the bulk of bastardy legislation and
which will be considered separately.
A right of custody is rarely recognized, but is conceded in Illinois
to the father after the child has reached the age of 10, and before if
the mother is unfit.
A number of recent workmen’s compensation acts include among
children entitled to the benefit of the act either illegitimate children
1 If not acknowledged, not even to the mother.
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Succession of Lacosst, 77So., 4<9,1918,
C O M M E N T O N L A W S OF T H E U N IT E D STATE S.
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in general (Nevada) or acknowledged illegitimate children (Idaho,
Indiana, Kentucky, Louisiana,-Hawaii, New Mexico, New York, and
Vermont) or children legitimated prior to the injury (Montana,
Oregon, and Washington).
In Minnesota, by a law of 1917 (ch. 222), the father of an illegiti
mate child, who has acknowledged paternity in writing or against
whom the fact of paternity has been adjudged, is entitled to notice
in proceedings for the adoption of the child.
The statutory provisions relating to the illegitimate father make
it clear that the law does pot recognize the normal relation of parent
and child as subsisting between him and the child.
It follows that abandonment acts which speak of a child or minor
child, and do not expressly refer to the illegitimate child, do not
apply to the latter: so held in New York (People v. Fitzgerald, 167
App. D. 85); District of Columbia (Moss v. U. S. 29 App. D. C. 188).
The abandonment acts applying to illegitimates will be noted in
connection with the support laws.
It is finally necessary to notice the radically new legislation of
North Dakota, enacted in 1917, which declares every child the
legitimate child of its natural parents, but apparently limits this
broad principle by the failure to provide equally broad remedies;
for the law provides that the mother may within one year from
the birth of the child sue to establish paternity, and makes the
mother incompetent as a witness if the father is dead. How if the
mother fails to sue within the year ? How if she dies in childbirth ?
Is the operation of the act dependent upon the formal establishment
of paternity? If not, what purpose is seryed by a one year’s limi
tation of the proceeding? The limitation can certainly have only
the effect of embarrassing and throwing doubt upon the operation
of the main provision of the act.
North Dakota also provides (1915, ch. 183, sec. 8) that an ille
gitimate child born in a maternity hospital shall be given the name
of the father, if known.
4. LEGISLATION FOR THE SUPPORT OF THE ILLEGITIMATE CHILD.1
The character of the legislation.
English and American laws take cognizance of illegitimate pater
nity mainly for the purpose''of enforcing against the father a duty
of support. Historically the legislation is connected with the
system of poor relief. The method of proceeding is adapted to
parties who are indigent or irresponsible. The statutes partake
of the character of criminal legislation and are sometimes found in
i Most mothers’ pension laws have reference to children born in wedlock; some laws are not specific;
unmarried mothers are expressly provided for in Michigan,.and by a bill at present (A pril, 1919), pend-,
ing in Nebraska.
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IL L E G IT IM A C Y L A W S .
the parts of codes or revisions dealing with crimes. In the course
of a full discussion the Supreme Court of Massachusetts says (Hill
v. Wells, 6 Pick. 104, 1828):
This process being neither w holly civil nor criminal, but having m any of the fea
tures and incidents of each, w e are left to determine from the manner in which the
legislature has treated it whether they intended to include i t in the one or the other
class of suits. A nd they m ight'w ell, in some respects, treat it as a civil, and in others
as a criminal, suit.
Warrant and commitment are borrowed from criminal procedure;
statutes use the term “ guilty,” “ conviction,” and “ fine” ; Georgia
speaks even of the mother as an offender ; in Pennsylvania an indict-mentds found against the alleged father.
On the other hand, the fact that the defendant may be proceeded
against in his absence and the finding against him be based upon a
mere preponderance of proof stamps the proceeding as civil. We
find it distinctly provided that while the prosecution shall be in
the name of the State, the rules of evidence and of competency of
witnesses, and the trial, shall be governed by the law regulating
civil suits. (Indiana, 1015, 1018; Kansas, 4026.)
In most States' the proceeding is exclusively against the father;
but in New York a mother possessed of property and failing to
comply with an order of support may be committed until com
pliance or execution of an undertaking; and the regular compulsory
proceedings for the support of poor relatives may be expressly made
available against the mother of an illegitimate child. (Iowa, 2250.)
The absence of a common-law duty of support bears upon the
construction of statutory clauses proclaiming a duty of maintaining
illegitimate children in 'general terms. If the duty is a purely
statutory one, the method pointed out by statute for enforcing
it must be pursued as the exclusive remedy; if the duty were a
common-law duty, it might be contended that a suit at common
law was available as a cumulative remedy. Such general clauses
are, however, very exceptional.1
It should also be borne in mind that the only remedy at commcii
law to enforce a duty of support is a suit for reimbursement by one
who has furnished the support. A direct action to enforce sup
port brought by the child or on its behalf against the father is
unknown to the common law.
The absence of a common-law duty should also be considered
when it becomes a question of making family desertion and non
support laws applicable to illegitimate children, as is done in a
number of States. The offense of deserting one’s family is different
from the offense of not supporting an illegitimate child, and to
cover the two offenses indiscriminately by one provision tends to
1 Moncriof v. E ly, 19 W end. 406.
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confuse different kinds and grades of obligation. There is likely
to be a disposition on the part of legislative bodies to differentiate
and to treat the default with regard to illegitimate children as an
offense of less degree.
English bastardy law.
The foundation of the English bastardy law is found in 18
Elizabeth, ch. 3, 1575-1576, which reads as follows:
Concerning bastards begotten and born out of lawful matrimony,, (an offence against
God’s law and m an’ s law) the said bastards being now left to be kept at the charges
of the parish where they be born, to the great burden of the same parish, and in
defrauding of the relief of the impotent And aged true poor of the same parish, and to
the evil example and encouragement of lewd life: (2) it is ordained and enacted b y
the authority aforesaid, That two justices of the peace (whereof one to be of the quorum,
in or next unto the lim its where the parish church is, within w hich parish such bastard
shall be born, upon examination of the cause and circumstance) shall and m ay by
their discretion take order, as w ell for the punishment of the mother and reputed
father of such bastard child, as also for the better relief of every such parish in part
or in all; (3) and shall and m ay likewise b y like discretion take order for the'keeping
of every such bastard child, b y charging such mother or reputed father, with the pay
m ent of money w eekly or other sustentation for the relief of such child, in such wise
as they shall think meet and convenient: (4) and if after the ¿ame order b y them sub
scribed under their hands, any the said persons, viz. mother or reputed father, upon
notice thereof, shall not for their part observe and perform the said order; that then
every such party so making default in not performing of the said order, to be com
mitted to ward to the common gaol, (5) there to remain without bail or mainprise,,
except he, she or they shall put in sufficient surety to perform the said order, or else
personally to appear at the n ext general sessions of the peace, to be holden in that
county where such order shall be taken, (6) and also to abide such order as the said
justices of the peace or the more part of them then and there shall take in that behalf
(if they then and there shall take an y), (7) and that if at the said sessions the said
justices shall take no other order,, then to abide and perform the order before made
as is above said.
It will be observed that, while there is a perfunctory reference to
lewdness and to bastardy as offenses against God’s law and man’s
law, the main purpose of the act is to relieve the parish from the
burden of support, and that the liability for such support is placed
upon mother and reputed father alike. The liability of the father as
against the mother is not emphasized until the act of 49 Geo. I ll,
ch. 68 (1809). (Nicholls, History of English Poor Law, II, 138.)
The original legislation thus remained practically unaltered for over
200 years. An act of 1844 (7 and 8 Viet., ch. 101) further modified
the principle of the earlier law by giving the primary claim for sup
port to the mother instead of, as theretofore, to the poor-law author
ities. The bastardy acts of 1872 (35 and 36 Viet., ch. 65) and 1873
(36 Viet., ch. 9), which constitute the present law upon the subject,
again give the poor-law authorities the right to proceed where the
child has become chargeable to the public. An act of 1914 provides
for the appointment of a collecting officer to enforce the payments
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to be made by the father. An act of 1918 raises the amount of the
weekly allowance. Bastardy support proceedings are treated in
English law books generally under the title “ Affiliation.”
The English Forms in Bastardy Proceedings, dated March 13,1915,
are fully set forth in volume 79, Justice o f the Peace, pages 152,164,
176, 187.
American legislation.
Bastardy support legislation, following the lines of the English law,
was introduced in America at an early period. The state of the law
at the beginning of the eighteenth century in one of the colonies is
set forth in Capen’s History of the Poor Law of Connecticut as follows:
It was not m any years after the settlement of Connecticut that the birth of bastards
compelled attention.
Laws against fornication were enacted.
The earliest penalty
was one or more of the following: “ enjoining to marriage, or fine, or corporal punish
m en t.”
In 1702 the punishment was made either a fine of 5 pounds or 10 stripes,
inflicted on each party.
The support of bastards received careful consideration. A t first each case was
decided on its merits. Thus, in 1645 the general court ordered the mother and reputed
father of such a child to be whipped, but placed the entire support of the child upon
the father.
The need of a general law was seen, and in the revision of 1673 it was included. Its
special purpose was to define the requirements for the conviction of the father.
For the child’s'support the law provided that where any man is legally convicted
to be the father of a bastard child, he shall be at the care and charge to bring up the
same, b y such assistance of the mother as nature requireth, and as the court from time
to tim e (according to circumstances) shall see m eet to order.
This principle of joint support has ever since been followed.
To convict, it was enacted that if on the trial the court was not satisfied as to the
identity of the father b y confession or “ manifest proof,” , “ then the man charged b y
the woman to be the father, she holding constant in it (especially being put upon the
real discovery of the truth of it in the tim e of her travail),” should “ be the reputed
father, and accordingly be liable to the charge of maintenance as aforesaid
*
*
*
notwithstanding his den ial” ; unless the circumstances of the case and pleas in his
behalf led the court to acquit him , and “ otherwise dispose of the child and education
thereof; provided always in case there be no person accused in the tim e of her travail,
it shall not be available to abate the conviction of a reputed father.”
This method of adjudging a man the reputed father and obliging him to assist the
mother in supporting the child became the regular method, and was retained until
1702. It should be noted that this law did not make the accusation during travail
essential to conviction.
Several changes were made b y the laws of 1702.
The interests of the defendant
were guarded b y requiring the examination of the mother at the trial to be upon oath
and b y making the accusation in tim e of travail necessary to conviction.
The pro
vision of the law of 1673 for a conviction b y confession o r ! ‘manifest proof ” was stricken
out, perhaps because it was found impossible ever to secure such.
On the other hand, the person convicted was required to give security to perform the
order of the court “ and to save the town .or place where such child is born, free from
charge, for its maintenance. ’ ’ He might be committed to prison until he found sureties.
The last important change was that exclusive jurisdiction was given to the county
courts. All that an assistant or justice of the peace might do was to bind over to the
county court one charged or suspected of having begotten a bastard. The county
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court might order the continuance or renewal of the bond, in case the child was still
unborn when the case was called.
The nature of the obligation m ay be seen from a judgment rendered some years
later under this law.
In 1723 the county court in New H aven ordered a reputed
father to pay for the support of his child 2s. a week until the child became 1 year old.
The general court, on an appeal, adjudged that, such a sentence was strictly in con
formity with the law, although the defendant had been acquitted b y a jury on the
charge of fornication.
One other law regarding bastardy deserves brief notice.
The general court in 1699,
in view of a recent occurrence in Farmington, enacted, in practically identical form,
a Massachusetts law of 1696 to punish the concealment of the death of a bastard.
For
concealing the death of a child who, if born alive, would have been a bastard, the
mother was to suffer death as in the case of murder, unless she could prove b y the
testimony of at least one witness that the child was born dead.
There were no radical changes in the eighteenth century, and laws
enacted in the early stages of independent State government have in
many cases remained practically unaltered until very recent times
or until the present day. The most striking feature of bastardy
legislation is its stationary character, indicative of a lack of thought
or movement as regards the relation of the father to the illegitimate
child, or perhaps to a certain extent also of an extreme conserva
tism of sentiment. In Massachusetts, until the new act of 1913,
the leading features of the law of 1785 were retained; Georgia’s law
is^still substantially that of 1793; the law of New York, contained in
the Code of Criminal Procedure of 1881, is substantially a copy of
the law found in the Kevised Statutes of 1828 (I, p. 640); in Ohio
there has been no radical change since 1824; in Florida, since 1828;
in Iowa, since 1840; in Illinois, since 1845; in Alabama and Ken
tucky, since 1852. Strikingly new legislation, however, was intro
duced in Minnesota and in North Dakota in 1917.
The usual features of statutory bastardy proceedings are: A com
plaint by a woman who is pregnant or has been delivered of a bas
tard child to a magistrate (justice of peace); a warrant issued by
the magistrate against the person named in the complaint with
direction to appear at a hearing; a preliminary hearing at which the
accused may exculpate himself; if there is a prima facie case against
him, an order binding him over for trial, which takes place after the
birth of the child; a trial or hearing, at which a jury may be de
manded; judgment, if against defendant, providing for maintenance
of child; maintenance through periodical payments; enforcement of
these payments and security for the same.
The proceedings are regulated with varying fullness, Pennsyl
vania, Florida, and Iowa" being types of brief statutes, while very full
provisions are found in Vermont, New York, New Jersey, Delaware,
Indiana, Kansas, Utah, and Hawaii.
A purely civil obligation to support an illegitimate child, enforce
able by civil suit, was created in California by act of 1913 (sec. 196a,
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Civil Code). Since at common law the liability of the father to sop-'
port his lawful child (assuming it to exist as a legal liability) is not
the subject o f a direct action by the child against the father, some
method of enforcing this obligation had to be indicated, and this
was done by reference to the provisions for enforcing the duty of
the divorced husband to provide for the maintenance of wife and
children.
Bastardy, i. e., the begetting o f an illegitimate child, is made a
misdemeanor and prosecuted as such in Pennsylvania (fornication
and bastardy), Nevada, and Massachusetts (under the recent act
of 1913).
The duty of maintenance can likewise be enforced by criminal
prosecution, where nonsupport or abandonment laws are made to
apply to illegitimate as well as to legitimate children. This is the
case in California, Colorado, Connecticut, Delaware, Massachusetts,
Nebraska, New Hampshire, Ohio, Pennsylvania, West Virginia, and
Wisconsin. The same is true, in effect, of the law of Minnesota
(1917), which State also punishes the father who absconds in order
to avoid proceedings while the woman is pregnant or within 60 days
after the birth of the child.
The following jurisdictions are, as far as ascertainable, without
bastardy support legislation: Alaska, Idaho, Missouri, New Mexico,
Texas, Virginia,1 and Washington.2 For the District o f Columbia
such legislation was not enacted until 1912; for Oregon mot until
1917. The absence of legislation in Missouri has been commented
on judicially (Easley v. Gordon, 51 Mo. App., 637).
An abstract of several statutes representing the types of legisla
tion above indicated will be useful as an introduction to a discussion
of particular features of bastardy laws and a comment upon them.
The briefer form of enactment providing for the ordinary proceed
ing will be illustrated by Florida; the longer, by Illinois; the civil
obligation, by California; the criminal liability, by Massachusetts;
the civil action in the name of the State, by Iowa.
The law of Florida, as a type of a brief support-enforcing act.
A single woman, pregnant or having been delivered of a bastard,
/ may complain to a county judge or justice of the peace of her dis
trict and accuse some one of being the father of the child. Process
is then issued against the person accused to bring him before the
magistrate, and upon his appearance the parties and their evidence
shall be heard. If sufficient cause appears, the accused is bound in
bond with security to appear at the next term of the circuit court in
the county. In the circuit court the issue is tried by a jury. The
reputed father has the right to appear b y counsel. If the issue is
i A bastardy act of Virginia was repealed b y the Code of 1887.
*In 1919 a bastardy support law was enacted in W ashington.
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found against him, ho is condemned by the judgment to pay the
expenses attending the' birth of the child at the discretion of the
court, and $50 yearly for 10 years toward the support and educa
tion of the child. The defendant shall give bond, with security ap
proved by the court, for such payments to be made to the mother.
The bond bas the effect of a judgment, and execution may issue as
often as money becomes payable. If the child is not born alive, or
dies, the bond becomes from then on void. On failure to comply
with the judgment the defendant* is imprisoned for a term specified
by the court, not to be longer than one year.
The law of Illinois, as representing the more elaborate type of the
support-enforcing law.
An unmarried woman, pregnant or delivered of a bastard, niay
complain to a justice of the peace of the county in which she is preg
nant. or delivered, or where the accused may be found, and accuse
on oath a person of being the father. The justice thereupon issues
his warrant against such person, to have him brought before h im or
some other justice. The warrant may be executed in any county
of the State.
Upon appearance of the accused, the justice in his presence ex
amines the woman on oath. The defendant may controvert the
charge. If sufficient cause appears, the accused is bound in band
with sufficient security to appear at the next county court (in Cook
County, in the criminal court). On neglect or refusal to give bond
and security the accused is committed to the county jail. The issue
is tried by a jury, the defendant having the right to controvert the
charge.
The case is continued until the birth of the child and until the
mother is able to appear, the defendant being placed under recog
nizance to appear. The mother and the defendant are competent
witnesses, their credibility being left to the jury. If the jury find
for defendant, he is discharged and the mother is liable for the costs.
If the issue is found against the defendant or he confesses, he is con
demned to pay not exceeding $100 for the first year, and not exceed
ing $50 yearly for nine succeeding years, for the support and educa
tion of the child, and also the costs of the prosecution. For the
making of such payments he shall give bond with sufficient security
The payments are to be made in quarterly installments to the clerk
of the court. On refusal or neglect to give security, the defendant
is committed to the county jail until he complies with the order or is
discharged according to law, the discharge not to be made within six
months. The money is applied for the support of the child as di
rected by the court. If a guardian is appointed for the child, the
money is paid to the guardian. Upon default in any installment,
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principal and sureties in the bond are cited to show cause why execu
tion should not issue. Execution after judgment on bond is issued
against goods and chattels of the principal and sureties. Upon such
default the judge has also power to adjudge the father guilty of con
tempt and commit him to the county jail until payment; but the
commitment does not stay execution. Provision is also made for
making the judgment a lien upon the defendant’s real estate.
If the mother is living and desires the custody of the child, the
father is not entitled to it until the child arrives at the age of 10,
unless on notice to the mother and on full hearing she is found not
to be a suitable person. If the child is not born alive, or dies, the
bond shall from then on be void. The bond also becomes void upon
intermarriage of the parents, which makes the child legitimate.
Prosecutions must be brought within two years from the birth of
the child; the time during which the accused is absent from the
State is not counted. The mother may release the father upon
terms consented to in writing by the county judge. In the absence
of such consent, a release for less than $400 is not a bar to a suit, but
the amount paid is credited. For $400 the liability may be re
leased by the mother without the consent of the judge.
The statute of California, as illustrating a general civil obligation.
The Civil Code provides in section 196a, enacted in 1913: The
father, as well as the mother, of an illegitimate child must give him
support and education suitable to his circumstances. A ,civil suit
to enforce such obligation may be maintained on behalf of a minor
illegitimate child by his mother or guardian, and in such action the
court shall have power to order and enforce performance thereof, the
same as under sections 138, 139, and 140 of the Civil Code in a suit
for divorce by the wife.
Section 140 provides: The court may require the husband to give
reasonable security for providing maintenance or making any pay
ments required under the provisions of this chapter and may enforce
the same by the appointment of a receiver or by any other remedy
applicable to the case.
According to section 139 the court may compel the husband to
provide for the maintenance of the children.
California also makes the nonsupport of an illegitimate child a.
criminal offense.
The law of Massachusetts, as the type of a penal statute.1
A person who gets a woman with child, not being her husband^ is
guilty of a misdemeanor. Proceedings may be instituted in a munic
ipal district or police court either where the man or where the woman
lives. If the defendant pleads guilty or is found guilty, the court
enters a judgment adjudging him the father of the child. After a
i Laws of 1913, ch. 563.
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plea of not guilty, such judgment can not be entered against bim
against his objection, until the child is,born or the mother is found
six months advanced in pregnancy. The defendant may appeal to
the superior court as in other criminal cases. Subject to appeal and
grant of new trial, the adjudication, whether a sentence be imposed
of not, is final and conclusive.
If the court is satisfied that no living child will be born of which
the defendant at the time of the complaint was the father, or that the
defendant and the mother have married each other, or that ade
quate provision has been made for the maintenance of the child, the
complaint may be dismissed and any adjudication vacated. If at
the time of adjudication the child is not born, the case is continued
until the child is born. A payment to the mother or a probation
officer may be ordered for confinement expenses. Failure to pay.
may be punished as contempt of court by two months’ imprisonment
in jail, unless the order is sooner complied with.
After adjudication, the court may also make an order for the care
and custody of the child and revise the same from time to time.
After adjudication and after birth of the child, the defendant shall
be liable to contribute reasonably to the support of the child during
minority and shall be subject to all penalties and orders for support
and maintenance provided in case of a parent unreasonably neglect
ing to provide for a minor child under the act of 1911, thé practice of
that act to be followed by analogy.
(The act of 1911, ch. 456, provides for suspension of sentence and
placing the defendant on probation ; the court may order him to
make periodical payments to the probation officer; the court may
also release him from probation on his entering into recognizance
with or without surety, in such sum as the court may order. If the
defendant violates the order, the court may sentence him or enforce
the suspended sentence.)
Any father of an illegitimate child, whether the child has been
begotten within or without the State, who neglects or refuses to con
tribute reasonably to the support and maintenance of the child is
guilty of a misdemeanor, and upon conviction is liable to the pen
alties and orders provided for by chapter 456 of the Laws of 1911.
If there has been a final adjudication under the first paragraph,
it is conclusive. Otherwise the question of paternity is established
in proceedings under the last preceding paragraph.
The law of Iowa, as the type of a civil action prosecuted by the State.
When a woman residing in any county of the State is delivered of
an illegitimate child, or is pregnant with such child, any person may
complain to the district court of her residence charging the proper
.person with being the father. The proceeding is entitled in the name
90956°—19-----3
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of the State against the accused as defendant. Notice is given to the
defendant by the clerk of the court. The filing of the complaint
creates a lien upon the real property of the accused in the county.
If the complaint is verified, the judge may order an attachment with
out bond, specifying the amount of property to be seized, and revocable
at any time on terms. The county attorney prosecutes on behalf of
the complainant. Trial is had as in ordinary actions. If the accused
is found guilty, he is charged with the mamtenance of the child in such
sums and in such manner as the court shall direct. Execution may
be issued for any sum ordered to be paid. The sum may be increased
or diminished or order vacated on such notice as the judge may pre
scribe.
The law of Iowa lacks provision for commitment to jail, the
supreme court of the State having held that this constitutes imprison
ment for debt and is unconstitutional. (Holmes v. State, 2 Iowa
501, 1850.)
COMMENT ON PARTICULAR FEATURES.
1. THE COURTS HAVING JURISDICTION.
In the ordinary form of bastardy proceeding the jurisdiction is
divided between a magistrate (justice of peace, police justice, county
judge) and a court having regular jurisdiction in civil or criminal
cases (circuit, district, superior; sometimes also county court).
The magistrate receives the complaint, issues the warrant, and
conducts the preliminary hearing as the result of which the defendant
is discharged or bound over; and the court tries the case, gives
judgment, and enforces it. The preliminary proceeding is dispensed
with where there is simply a civil suit. - '
The magistrate is authorized to try the case in Delaware,' New
Jersey, New York, and North Carolina, subject to an appeal to the
higher court. This permits a disposition, in many cases final, by a
tribunal which is not confined to intermittent sittings at infrequent
terms.
In the District of Columbia and in Hawaii the juvenile court is
given charge of bastardy proceedings. The advantages of having
bastardy proceedings, at least in their preliminary stages but prefer
ably all through, in the hands of courts accustomed to dealing with
social problems and with quasi delinquents who are not ordinary
criminals are obvious; but the appropriate organs will not always be
available in every part of the State. In metropolitan courts there is
apt to be sufficient flexibility of organization to permit of the assign
ment of bastardy cases to specially qualified judges, and this is done
in the municipal court of Chicago, where a branch of the court, called
the court of domestic relations, takes charge of all bastardy com
plaints..
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D IS T R IC T O F J U R IS D IC T IO N .
The majority of States require the complaint to be lodged in the
court of the district where the woman resides or where the child is
born, and only under a relatively small number of laws (e. g., Illinois,,
Indiana, Maryland, Mississippi, New Hampshire, South Dakota,
Utah) is the jurisdiction available in which the alleged father resides.
The dominant idea seems to be that the proceeding belongs to the
forum of the district which would have to bear the charges of support
ing the child if the father can not be made amenable.
It will be shown later on that there are important considerations for
making the forum of the defendant’s residence generally available for
bastardy proceedings irrespective of the residence of the mother.
The nonsupport or abandonment act of Ohio, which applies to
illegitimate children, provides that the offense shall be held to have
been committed in any county in which the child or pregnant woman
m aybe at the time the complaint is made (13011, 13014), and, further,
that citizenship once acquired in the State by a parent of an illegiti
mate child living in the State, for the purpose of the law, shall con
tinue until the child has arrived at the age of 16 years, provided the
child so long continues to live in the State (13021). Colorado has a
similar provision. These provisions are apparently intended to be in
aid of jurisdiction, but their effect is not entirely clear.
3. AT WHAT TIME THE PROCEEDING MAY BE INSTITUTED.
Most laws allow the complaint to be preferred either when the
woman is pregnant or after she has been delivered of the child. The
institution of proceedings prior to birth is permitted in order to give
an opportunity for compelling the defendant to give security for
appearance and compliance with support orders. In some States,
particularly in New Jersey and New York, provision is also secured
for sustenance during confinement and the expenses thereof. In a
few States (Arizona, Nebraska, Ohio, Oregon) the law permits at
the first hearing a settlement with the mother b y payment or by
giving security.
4. STATUTE OF LIMITATIONS.
Many statutes set a limit of time for the institution of bastardy
proceedings ranging from six months (Hawaii) to four years (Utah),
counted usually from the birth of the child. A limitation thus counted
fails to take account of a very possible contingency. The father of
an illegitimate child may maintain It or contribute toward its support
for the period specified in the statute and then discontinue his pay
ments. Any statutory proceeding would thereafter he barred by the
defense that the time for making a complaint had expired. This defect
is met by making the statutory period of limitation count from the
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birth of the child, unless there have been payments toward its support,
and in the latter event from the last payment or from the last acknowl
edgment of liability. A number of States guard the limitation
accordingly (so Alabama and Maryland). Mississippi saves theright of the supervisors of the poor to bring proceedings.
If the begetting of a bastard child is made a crime, it will be
necessary, in order to avoid the bar of the statute of limitations, to
make nonsupport of the illegitimate child a distinct offense. This
is done in Massachusetts.
If the father’s obligation is looked upon as a continuing obligation
in favor of the child, there is ground for excluding the statute of
limitations altogether.
5. WHO MAY COMPLAIN.
The parties that ordinarily come in question are the mother or
expectant mother and the proper authorities, that would be charged
with the support of the child.
Under the Iowa law “ any one” may complain. Under such a
provision conceivably a representative of some charitable organiza
tion might act as complainant. The right might become objection
able if the unofficial complainant or the county attorney conducting
the case for him were authorized to compel the woman to disclose the
name of the father. Such disclosure should be compelled only for ,
the purpose of relieving the public of the expense of caring for the
child.
Poor-law authorities are authorized to institute proceedings in
many States, either concurrently with the mother or if she fails or.
neglects to prosecute (so in Arizona, Connecticut, Nebraska, New
Hampshire, Vermont, Michigan); and in New Jersey and New York
they alone can institute proceedings. Their authority was also
exclusive under the first English act. Such a power will be exercised
practically only if the child is liable to become a public charge. In
tha;t case it may become important to provide that the woman
may be compelled to disclose the name of the father— a provision
which is, of course, unnecessary if the woman acts herself as com
plainant. This obligation to disclose exists in a number of States if
the mother is unable to give security for the support of the child.
(See, e. g., Arkansas, Maryland, Georgia, North Carolina, South
Carolina, Tennessee; also 4 Wend., N. Y., 555, 1830.)
Some States speak of the complaining mother as “ a woman,”
others as “ a single woman.” The use of the latter term makes it
doubtful whether a woman whose husband is living and undivorced can
act as complainant. It is not easy to discover a clear policy favoring
such restriction. In view of the strong presumptions in favor of
legitimacy, frivolous or vexatious charges by married women are
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unlikely.* On the other hand, it may easily happen that a deserted
wife or one living apart from her husband may become a mother
under circumstances which make it possible at common law to estab
lish the illegitimacy of the child. The equities in her favor may be
as strong as in favor of an unmarried mother, and certainly the case
of relieving the public from the charge of support is equally urgent.
In view of these considerations the term “ single woman” employed
in the English bastardy acts has long been construed as including a
woman living separate from her husband (see 1901, 1 K VB., 118),
but American courts have failed to follow this construction (3 Dana,
Ky., 453; 8 Vi., 70), and the term “ unmarried woman” could not
well be so interpreted. West Virginia makes special provision for
complaint to be made by a married woman living separate from her
husband for one year or more.
The question whether bastardy-support proceedings should be
allowed in favor of a woman of ill repute is rightly treated not as one
of right of action but merely of evidence. Louisiana and South
Dakota seem to be the only jurisdictions making reference to this
point, the former by providing that the oath of the mother is not
sufficient to establish paternity, if she be known as a woman of
dissolute manners or as having had unlawful connection with one or
more other men before or since the birth of the child (art. 210);
the latter, by admitting evidence of previous unchastity of the female
{sec. 810). The analogy of seduction where previous chastity is
required does not apply, for in bastardy proceedings it is the right of
the child and not that of the mother which furnishes the primary
consideration in allowing a cause of action. Unchastity is relevant,
because it renders it difficult to fix the charge of paternity upon one
particular man.
Statutes sometimes speak of preferring the complaint in a district
where the child is chargeable. This raises the question whether
bastardy-support proceedings are admissible where the mother is
able to bear the charge of the child’s maintenance. The connection
between bastardy and poor-relief legislation seems to indicate such a
restriction, but the equities on behalf of the mother favor a more
liberal view. The limitation is clearly implied where only the poorrelief authorities have the right to institute proceedings, as in New
Jersey and in New York.
In Tennessee the statute is explicit upon this point. It provides
(sec. 7347) that the county court shall make no provision for a
bastard except when he is or is likely to become a county charge,
and states (sec. 7348) that the object of the provision for the bastard’s
support is to indemnify the county against the same.
A number of States require bastardy proceedings to be conducted or
prosecuted by a public prosecuting officer (county attorney, district
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attorney, State's attorney); so Iowa, Kansas, Kentucky, Montana,
North Dakota, Oklahoma, Utah, West Virginia, and Wisconsin;
and this would be the regular course where the proceedings are ,
criminal. The majority of State laws are silent on the point.
Under the recent legislation of Minnesota (1917) the State board of
control is authorized to initiate all legal and other action to secure
proper provision for the illegitimate child.
6. PROCESS AND PRELIMINARY HEARING.
Upon a complaint in conformity to legal requirements (in writing,
or reduced to writing by the magistrate, including oath charging
some person with being the father) the justice issues process against
the person charged. Unless the proceeding is purely a civil action,
this process is a warrant of arrest and not a mere summons, and either
by express provision or by the application of general rules this
warrant may be served anywhere in the State.
_
In most States the service of the warrant seems to be an indis
pensable prerequisite for further proceedings. Indiana permits the
complaint to be heard and determined though the defendant can not
be found; but it has been held that constructive service can not be
made the basis of a personal judgment (Moyer v. Bucks, 2 Ind. App.,
591; Beckett v. State, 4 Ind. App.„ 136). In New Jersey, New York,
Ohio, and Wyoming an order of attachment may be issued against
property of a defendant who has absconded or conceals himself ;
the property attached may then be sold to satisfy the order of the
The problem of proceeding against an absent defendant will be
discussed later on.
. .
......
In Iowa where the proceeding is purely civil, as well as in Montana
and Oklahoma, the filing of the complaint creates a hen upon the
defendant’s real estate in the county, and an order may issue at
taching his other property; in Indiana such lien on real estate is
created if upon the first hearing a finding has been made against the
defendant.
,
.
Upon the service of the warrant the defendant is pometimes per
mitted to give an undertaking for his appearance at the final trial;
but ordinarily the arrest is followed by a preliminary hearing before
the committing magistrate, who examines the complainant, and may
hear evidence on behalf of the defendant; there is no power to require
the defendant to testify.1 West Virginia requires a recognizance
from the accused without any pro vision for a hearing. If no probable
cause is found, the defendant is discharged; it has been held that this
discharge is a bar to subsequent proceedings (5 Hill, N. Y., 443),
i AlaVisrrta says the justice “ may examine the accused” (sec. 6366).
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and this is expressly provided in Connecticut, subject to an appeal
to a higher court (sec. 6006).
If the examining justice finds a prima facie case for the com
plainant, he binds the defendant over for trial. That is to say, the
defendant must give security that he will appear at the trial and
abide by the order of the court; sometimes also that he will indemnify
the county from expenses. In New York and New Jersey the
security also covers the expense of confinement; in Georgia it covers
the entire expense of the maintenance and education of the child
until it reaches the age of 14 years. If the defendant fails to give
such security, he may be committed to jail. The security is by bond
or recognizance in a sum fixed by the judge within statutory limits,
which vary between $200 and $2,500, and generally required to be
with sufficient surety or sureties.
In Pennsylvania, under a law of 1917, the court may discharge, the
defendant upon his own recognizance without security.
Mississippi provides that others than the parties, officers, and
witnesses may be excluded from the preliminary hearing.
7. TRIAL.
The trial is in most States held after the birth of the child. A
peculiar provision in Vermont says that a woman is not compellable
to answer as to her pregnancy until 30 days after delivery (sec. 3123).
In Massachusetts the adjudication may be made when the mother is
six months advanced in pregnancy. In New York and North Caro
lina, where the charge may be tried in the first instance (subject to an
appeal) by the justice of the peace, this trial may likewise take place
before the birth of the child, but on appeal to the sessions the de
fendant must be discharged if the child is not born alive.
The trial is often required to be conducted as in civil cases, which
means among other things that it may be had in the absence of the
defendant and that judgment may be based upon preponderance of
evidence. A jury may be had on demand, but— the case not being
criminal—is not indispensable to the validity of the judgment.
Several States provide for the exclusion of strangers or the public
from the trial, so Michigan (sec. 15700) and New York (Judiciary Law,
sec. 4); in Minnesota the records of the proceedings are shielded from
publicity (sec. 3225e).
8. EVIDENCE.
There are few statutory provisions regarding evidence in bastardy
proceedings. The English rule that the evidence of the mother must
be corroborated (sec. 4 of act of 1872) has been incorporated in the
recent act of Oregon (1917) but does not otherwise prevail in America.
Louisiana forbids judgment in favor of the mother upon her own
oath supported by proof of cohabitation with the alleged father out
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of his own house, if she has had before or since the birth of the child
intercourse with other men, or if she be known as a woman of dis
solute manners (art. 210). The provision in South Dakota (sec. 810)
that evidence of the previous unchastity of the female shall be admis
sible goes beyond the rule of the common law where such evidence
is admitted only to show the possible paternity of another (Corpus
Juris, Bastardy, p. 990). Connecticut expressly permits evidence of
good character in behalf of the person accused as being the father
(SeC. 6014).
r , •, A peculiar feature of the law of evidence in bastardy proceedings is
furnished by the accusation in travail or extremity of labor:*
Qn general principles the deposition of the mother, made against
the defendant before trial without notice to him, would not be admis
sible against him (1 Root, Conn., 154), but it might be different if the
deposition were a dying declaration, and the statutes of Arkansas,
Delaware, and Mississippi expressly admit such a dying declaration
made in childbirth.
- The accusation in travail which we find in the legislation of the
New England States, of Pennsylvania, and of some other jurisdictions
is, however, not a dying declaration, but simply a statement made
eoncerning the paternity of the child during the labor of childbirth
and constantly adhered to. Such an accusation was in the earlier
New England legislation required as a foundation for bastardy pro
ceedings, and later became merely admissible evidence, the woman
being now allowed to testify as to her own statement (Akeson v.
Doidge, 225 Mass. 574,114 N. E. 736), while formerly when parties in
interest were incompetent to testify evidence of the accusation in
travail had to be given by others (2 Mass. 411).
The law of Tennessee on the subject of proof is altogether peculiar.
If the mother upon oath accuses any man of being the father of the
illegitimate , child, the person accused is, upon the hearing at the
county court, adjudged the reputed father of the child unless he file
an affidavit clearly setting forth that justice requires an issue to be
made to try the truth of the charge. If the affidavit denies sexual
intercourse with the mother of the child from the first of the tenth
month to the first’ of the sixth month next before the birth of the
child, it shall be received as evidence on the trial (secs. 7342, 7343).
This provision can be traced back to a colonial law of North Caro
lina (1741, ch. 14), which requires the defendant to be adjudged the
father of the child upon the charge on oath of the mother. Even
now in North Carolina the finding is required to be against the de
fendant at the first hearing unless he deny the woman’s charge under
oath (sec. 254), and the woman’s charge is presumptive evidence on
appeal (sec. 255).
' The statement of the woman is also accorded special credit in the earlier French law (Beaudry-Laeantinerie, Personnes, No. 671).
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9. JUDGMENT OR ORDER.
If on the trial the issue is found against the person charged, the
substance of the judgment against him is an order for support,
although in some States the judgment takes instead thereof, or in
addition thereto, the form of a fine. Expenses for confinement are
expressly provided for in a few States (Arizona, Arkansas, Connecticut,
Delaware, Florida, Georgia, Maine, Maryland, Massachusetts, Minne
sota, New Jersey, New York, Oregon, Pennsylvania, Rhode Island,
and Wisconsin).
The amount of the support is quite commonly in the discretion of
the court or sometimes of the jury, without fixing any standard of
maintenance either by the station in life of the mother or of the father.
In some of the States, particularly in New England, the law merely
requires that the father assist the mother in the support of the child.
Where the civil obligation of support is thrown in general terms
upon the father, as it is in California, care should be taken to see
that the general law of parent and child places a concurrent or sub
sidiary duty of support upon the mother, since otherwise she may be
relieved entirely. The law of California covers this point clearly.
The order or judgment is usually not for one lump sum but for
annual, monthly, or weekly payments. Under some laws the person
to whom the payment is to be made is not specified, the duty being
merely to pay toward the support of the child, in which case the
mother would be the natural recipient; sometimes the payment is
directed to be made to her; in other laws, to designated authorities
(clerk of court, poor-law authorities) or to a guardian of the child;
sometimes, in thè alternative, to the mother, or if she be an improper
person (or dead) to a person designated by the court (Indiana, sec.
1027); in Connecticut, to the selectmen, if the mother misapplies the
money paid to her (6008) ; often 1‘in such manner as the coiirt shall
direct.” It seems that a continuing discretion of the court is the
wisest form of legislative provision to care not only for differences
between individual cases but for varying conditions in the same case.
In England under the act of 1844 (7 and 8 Viet., ch. 101) the pay
ment was made to the mother, unless she was under special disabil
ities (unsound mind, under sentence). The law was, however, changed
in 1914 (affiliation orders act, 1914): All payments are made to a
collecting officer of the court, and he may proceed for recovery of
payments. The collecting officer pays to the mother or to such other
person as is named in the affiliation order the amount paid to him
without any deduction, his remuneration (not to exceed 5 per cent
of the amount paid through him) being paid out of public funds.
The payments under the English act are made weekly.
The different State laws grant sums that vary greatly in amount.
In North Carolina the judgment is for a fine of $10 and a single pay-
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ment of $50; Arkansas gives from $1 to $3 a month; South Carolina,
$25 a year; Tennessee, $40 the first year, $30 the second, und $20
the third ; Maryland, which until 1912 allowed not exceeding $50 per
year, changed the amount to $15 per month; Delaware allows $5 to
$10 a month. The two most liberal States’ allowances are not exceed
ing $250 the first year and $150 each of the next succeeding 10 years
in South Dakota and not exceeding $200 for the first year and not
exceeding $150 per year for the next succeeding 17 years in Utah.
That the legislature in fixing low amounts did not on the whole
run counter to prevailing sentiment appears from the indications that
reported cases give as to the allowances fixed by the discretion of
courts and juries. The earlier New York eases show amounts from
50 to 75 cents a week, and as late as 1886 we find a mention of $1.50
a week (40 Hun 320). In Iowa the supreme court has held $100
the first year, with $50 annually thereafter up to a total of $700, not
to be excessive.
.
Nor do the. more liberal statutory amounts compare unfavorably
with per capita allowances under mothers’ pensions laws. It is ap
parent that the law of bastardy support is controlled by standards of
poor relief! In any event the alimony is measured by the mother’s
and not by the father’s position in life, and, although the laws may
not express it in that way, it is in the nature o f an assistance to her.
Under these circumstances it is, on the face, a radical departure in
the new law o f Massachusetts o f 1913 to require the father to support
his illegitimate child as though the child were legitimate. Even so,
if the mother has the custody, the support is in practice apt to he
measured by her standard of living, and a more explicit statutory
direction would be necessary to overcome this inevitable tendency.
A general civil obligation of the father to support the ilegitímate
child, such as exists in California, is likely to work out in the same way.
The duration of the support is fixed perhaps more commonly in
the statute than the amount. Where no limit is stated, as in
Kansas, the minority df the child would he the maximum period.
This is the stated period in Massachusetts, and California also speaks
of the minor child. Colorado, Mississippi, and Utah set the age limit
at 18. If in these States the statutes can he construed as entitling
the illegitimate child to support beyond the age o f self-support, they
place such child in a position more favored than the legitimate child,
which the father may by emancipation throw upon his own resources
when he has become capable- of supporting himself. In Vermont
the duty extends for the period during which the child is unlikely
to be able to support himself. Under the ordinary law of parent
and child the absolute duty of support would hardly extend beyond
the age of 16, which would accord with advanced standards of childlabor legislation. This is the age limit set by the Wisconsin bastardy
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law, while Georgia and Hawaii name 14, which is also the age most
commonly found in recent child-labor legislation. Lower age limits
are, however, encountered in bastardy laws: Twelve years in Mary
land (until 1912, 7 years) | 10 years in Delaware, Florida, and Illinois;
7 years in Arkansas, and Tennessee provides for only three annual
payments.
Provisions regarding custody are rare, the assumption being gen
erally that the mother will keep the child. A declaratory law to that
effect was enacted in New Jersey in 1913. In Illinois and Utah the
father is expressly declared to be not entitled to the custody of the
child until the-child arrives at the age of 10, unless on notice to the
mother and on full hearing she is found not to be a suitable person.
This provision seems rather to imply that the adjudged father is
entitled to the custody of the child by reason of his paternity. On
principle, in view of the silence of the statutes and of the absence of
any common-law right, the right of the father to the custody of the
illegitimate child must be considered at least doubtful. The mother
has the law of nature on her side. The matter should be set clear by
explicit statutory provision, and the father’s right to custody should
be made to depend on legitimation.
10. ENFORCEMENT OF ORDER.
Peculiar provisions in addition to those for the enforcement of other
judgments are called for by the periodicity of alimony payments
and by the common irresponsibility of fathers of illegitimate children.
The latter circumstance makes lien or attachment provisions, which
are found in a few States, practically less valuable than methods
which exercise a more personal pressure.
It is the rule to require the defendant who is adjudged to be the
father of the child to give security for the payment of the support.
This is done through the finding of sureties. In default of such secur
ity the defendant is committed to jail, and in several States the failure
or refusal to comply with an order to pay is treated as contemptof court
(Nevada, South Dakota, Utah). In many States (Illinois, Indiana,
Maine, Michigan, Minnesota, Wisconsin, Wyoming) the imprisonment
is clearly conceived in part as punishment, for it is only after a defi
nite time has been served that the defendant on proof of inability
is entitled to a discharge, his liability to pay being, nevertheless
continued (Arizona, Connecticut, Hawaii, Michigan). Inability
entitles him to discharge, the period of confinement varying be
tween 90 days and 1 year, or being left to the discretion of the court
(New Hampshire, New Jersey, New York). The discharge is without"
prejudice to further proceedings in case of subsequent ability.
In Iowa the provision for imprisonment under bastardy laws was,
at an early date, held superseded by the constitutional provision
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against imprisonment for debt (Holmes v. State, 2 Iowa, 501, 1850),
and that State relies under its present laws upon lien and attachment
provisions; but in most of the States the imprisonment feature of the
law has either not been questioned on constitutional grounds or has
been sustained. In Indiana the constitutional protection: has been
held to apply only to strictly contractual debts. (Lower v. Wallick,
25 Ind. 68, 1865.)
Special facilities for compelling payment are furnished by laws
which treat bastardy or the nonsupport of illegitimate children as a
crime. Thus, in California, the convicted defendant may be employed
on public works and an amount not exceeding $1.50 a day in pay
ment for such work be applied to the support of the child. The law
of North Carolina permits the defendant to bind himself out as an
apprentice, the price being paid to the county treasurer.
In Massachusetts the court may place the defendant on probation
and suspend his sentence on condition of periodical payments for a
term not exceeding two years. Upon violation of the terms of the
order the suspended sentence may be enforced. A similar provision
is found in Colorado.
In Wisconsin the nonsupport act, which applies to illegitimate chil
dren under 16, provides that the court may instead of imposing a
penalty make an order for weekly.payments for a period not exceed
ing two years to the guardian or custodian of the child or to a trustee
appointed by the court, and may release the defendant upon his
recognizance to comply with such order. Upon violation of the order,
the suspended penalty may be enforced and any sum recovered upon
the recognizance may be applied for the benefit of the child (R. St.,
1917, sec. 4587c).
To a siruilar statute (Laws 1917, ch. 51) West Virginia adds the
provision that if a fine is imposed and not paid the parent may be
required to do labor, for which a daily sum may be allowed to be
applied for the benefit of the child. In Delaware (Code 1915, secs.
3033-3043) there may be a sentence to hard labor, with a daily
allowance of 50 cents to be applied for the benefit of the child.
In Pennsylvania (by law of 1917, No. 145) the order for the payment
to the mother of the expenses incurred at the birth of the child may
be enforced, upon failure to give a bond, by imprisonment at hard
labor, in which case a daily wage of 65 cents is to be paid to a person
designated by the court, or the court may discharge the defendant
upon his own recognizance in the oustody of a probation officer;'
and (by act 1917, No. 290) in proceedings for willful failure to con
tribute to the support of an illegitimate child the court instead of ?
imposing a fine may make an order for a periodical payment upon
recognizance, with or without surety,‘and may suspend execution.
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-The provision for imprisonment at hard labor in default of pay
ment of the judgment or of the giving of a bond is also found in
Alabama (sec. 6377).
11. COMPROMISE AND SETTLEMENT.
If the theory of bastardy support legislation were the enforcement
of an antecedent, civil obligation of the father toward the mother,
the right of the two to settle for the claim (subject to possible relief
in case of fraud or overreaching) would logically follow. Where
under the law the mother has the exclusive right to complain there
is some plausible support for such a theory, although even then it
may appear from other provisions that the mother is not the only
party in interest.
Where poor-law authorities are authorized to institute proceedings,
the theory of the purely civil obhgation toward" the mother is nega
tived, and the right to settle should on principle be denied;1 and a
settlement would then be merely an important factor in determining
the equities^ of the mother and-such discretion as court or jury may
possess in fixing the terms of the judgment.
-As a matter of legislative poKey, even a liberal payment made to
the mother in good faith may be an unwise provision from the point
of view of the child, although normally the certainty and finality of
such a disposition will outweigh its possible disadvantages. In any
event the matter is a proper one for statutory regulation.
Only a few States recognize the right of the adult mother (making
express exception for the infant mother) to settle with the father
without any qualification (Indiana, Kansas, Oregon); a stated sum
as the condition of a valid settlement is fixed in Utah ($500) and, in
Illinois ($400). More commonly the settlement is subject to the
approval of the court or poor-law officials, or liable to be objected to
by the latter. In Minnesota and Ohio the compromise payment
must be coupled with a bond to indemnify the public against possible
charges for relief.
12. EFFECT OF DEATH UPON THE PROCEEDINGS.
Most of the statutes contain no explicit provisions.
In Maryland, when bond has been given by the father and he there
after dies, payment may be enforced out of his estate, with a limita
tion to $500, arid to one-half of a child’s intestate share (sec. 10 of
act). In Indiana the right of action survives, if the putative father
dies either before or after the commencement of the prosecution and
after the-preliminary examination, against his personal representa»Nevada (sec. 765) provides that no complaint .shall be settled b y agreement of the mother and
putative father.
. . . . . . .
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tives. A similar 'provision confined to death after the preliminary
examination is found in Kansas and Mississippi.^
A number of States provide that the suit shall not abate by the
death of the mother if the child be living, the interest both of the
local authorities furnishing relief and of the child being as strong after
the death of the mother as before, if not stronger (so, e. g., Hawaii,
Indiana, Kansas, Maine, New Jersey, Ohio, Vermont, Wyoming).
As regards the death of the child, it is hot uncommonly provided
that it shall not abate the prosecution if the mother be living, but
the court on conviction shall take the death into consideration and
give judgment for such sum as it may deem just. So, after judg
ment, the court mayjmake the appropriate reduction in the amount
payable (so, e. g., Maine, Mississippi, Ohio, Wyoming). In Rhode
Island special reference is made to the expense of lying-in, and of the
support, sickness, and burial of the child. In Utah the death of the
child, as well as a stillbirth, avoids a bond given. In New York
likewise the prosecution is dismissed if the child is born dead.
13. THE PROBLEM OF THE ABSCONDING DEFENDANT.*
In practically all foreign countries the enforcement of bastardy
support is a purely domestic problem, and there is no need for legisla
tion to attempt to deal with jurisdictional difficulties. It is other
wise in the United States. Each State is for purposes of police legisla
tion, civil or criminal, a sovereign and independent jurisdiction, and
can act only upon subjects that are within its own territorial boun
daries or owe it allegiance. The process of a State court does not by
its own force, without the aid of interstate comity, reach those who
are not within the State or residents of the State. Extradition is
confined to criminal prosecutions. The United States is the only
jurisdiction the scope of which is national, and the limits of the
Federal Constitution do not permit national legislation dealing ade
quately with bastardy support in general. The possibility of national
legislation permitting, where the parties are citizens of different
States, suits for bastardy support to be brought in a Federal court,
and making a nation-wide judicial process available for such purpose,
may be dismissed as being beyond the reach of practical policy.
While thus the States are legally and jurisdictionally distinct, there
is no social or economic separation. Travel and migration are easy,
and to transfer one’s domicile to another State involves no serious
sacrifice of habit or association, particularly in the case of young
unmarried men. The problem is aggravated b y the fact that many
of the most important metropolitan communities are close to or upon
State boundaries, so that a change of residence to another State means
hardly more than a change to another section of the same city.
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How, then, can legislation deal with the case of the seducer moving
into another State when confronted with the prospect of having to
support an illegitimate child ?
The discussion of available methods is confined to three alterna
tives: The treatment of illegitimate paternity as a crime; the attempt
to hold the defendant civilly liable though he can not be served within
the State; and the transfer of the proceeding from the residence of the
complainant to the residence of'the defendant.
Bastardy proceedings as criminal prosecutions.
Bastardy proceedings under most laws have a quasi-criminal
character; they are often conducted by magistrates and courts hav
ing criminal jurisdiction and the process which is used to bring the de
fendant before the courtis the warrant of arrest and not a summons.
Notwithstanding this the courts have generally held the proceed
ing, which is provided for in most of the States, to be civil, and the
trial is governed by principles of civil and not of criminal law. The
fact of paternity is not in terms declared a misdemeanor, and under
the usual type of law it would be impossible to make it the foundation
of a demand for extradition of the alleged father.
Exceptions from this ordinary type of bastardy legislation have
long been known in America, and particularly in Pennsylvania
bastardy legislation has from the beginning been criminal in form,
the only provision for proceeding being found in a section making
fornication and bastardy a misdemeanor. In 1913 Massachusetts
abandoned the type of bastardy legislation which, as in other New
England States, had come down from early colonial times and had
remained in substance unaltered from the beginning of independent
government, and made the begetting of an illegitimate child a mis
demeanor.
Where the matter is thus reduced to the terms of a criminal offense
it would be logical to make the act of illicit intercourse itself a mis
demeanor, as is done in Pennsylvania. Otherwise there is the
curious situation that an act is not criminal, while the natural con
sequences of the act are criminal, and yet it would be a crime to
avert the criminal consequences of the noncriminal act. It is not a
quite satisfactory answer to say that the legislature allows a person
under such a statute to have illicit relations at his peril, taking
cognizance of the forbidden act only as it results in a specific detri
ment* to the community. Even if it is within the legislative power to
lay down such a rule, its anomalous character may be an obstacle to
its adoption.
If illegitimate paternity is made a crime, the following conse
quences should be considered, and, as far as possible, be guarded
against: The woman would be an accessory to the offense, and care
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ILLEGITIMACY LAWS.
should be taken that her testimony be not thereby legally weakened;
the man’s privilege not to testify would become an absolute consti
tutional right; it would be impossible to proceed against the man
by default; it would be more difficult to deal with compromise and
settlement, since public offenses can notffie the subject of private
agreement; it would becomes possible to prosecute the father even
against the will of a mother unwilling to disclose his name and willing
to assume the burden of the child’s support; the statute of limita
tions— which for criminal offenses is usually a brief one—-would run
from the time of the illicit act, or from the time of the birth of the
child. In order to deal with this latter difficulty, it will be necessary
to make nonsupport of the illegitimate child a distinct and continuing
offense, as is done by the act of Massachusetts of 1913.
While the above-mentioned difficulties are not insuperable, they
call for more elaborate and qualified legislation, and the departure
from the prevailing type should be offset by compensating advan
tages. Such an advantage is supposed to be furnished by the possi
bility of procuring the extradition of the. absconding defendant.
But while it is true that the Federal Constitution gives the right of
extradition for every crime, it is also true that there is a disinclina
tion to extradite for misdemeanors as distinguished from felonies,
and it is stated for Pennsylvania that extradition from other States
on the charge of fornication and bastardy can not be procured. In
the enforcement of family desertion laws the same difficulty— even
if an imaginary one— was encountered, and the grade of the offense
was therefore raised in some States to that of felony. The wisdom
of this has been questioned, and it may he expected that legislatures
will hesitate before making illegitimate paternity, which is now often
not punishable at all, a felony. However, in 1917 this was done
in Minnesota. Extradition would not be available for nonsupport
unless the defendant had been since the birth of the child a resident
of the prosecuting State.
Absconding as the gist of the offense.
A novel experiment in dealing with the problem on the basis of
criminal law forms part of the comprehensive legislation on
illegitimacy enacted in Minnesota in 1917. Chapter 211 of the Laws
of 1917 provides that if issue is conceived of fornication, and within
the period of gestation or within 60 days after the birth of a living
child the father absconds from the State with intent to evade ^pro
ceedings to establish his paternity of such child, he is guilty of a felony
and shall be punished by imprisonment in the State prison for not
more than two years.
Should this form of legislation (changing, perhaps, the grade from
felony to misdemeanor) be recommended for general adoption?
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If the object of this legislation is to facilitate extradition, does
the method chosen answer the purpose ? Absconding from the State
is the gist of the offense. When and where is the offense complete ?
Not until the person sets his foot beyond the boundary of the State
and therefore is beyond its jurisdiction. Criminal legislation ordinarily
stops at the boundary of the State. In order to be extradited, more
over, the individual must be a fugitive from justice. That is to say,
he must have been a criminal before he left the State if his offense
consists in leaving the State, he can not be a fugitive when he leaves
it. This is not a mere technicality, for it is unprecedented in our
law to make it a crime to leave the State. In foreign countries there
is the analogy of the offense of leaving the State to escape military
service; but while a person who does this is treated as an offender,
it has never been contended that he is a fugitive from justice, and it
would be impossible to found a claim to extradition on the act of
leaving the country, though it might be based upon the act of
avoiding military service.
Would the matter be mended by making it an offense to abscond
from the county of residence ? Theoretically it might; but in many
States little would be gained, for the great metropolitan communities
of New York, Philadelphia, Cincinnati, Chicago, St. Louis, Kansas
City, and others lie in border counties, and the individual might
abscond without bringing himself within the law:
Prosecution for abandonment and nonsupport.
It has been observed before that an abandonment law which speaks
of a parent and his child or minor child does not apply to the father
with reference to an illegitimate child. Indeed the spirit and pur- '
pose of abandonment laws appear more adapted to the failure to
perform the ordinary obligation incidental to the de facto family
group.
However, a number of States expressly include the illegitimate
child in the protection of the abandonment acts (California, Colorado,
Connecticut, Delaware, Massachusetts, Nebraska, New Hampshire,
Ohio, West Virginia, Wisconsin). Pennsylvania (Laws 1917, No!
2 9 0 ) makes willful noncontribution to the support of an illegitimate
child a misdemeanor. There must be considerable difficulty in
applying either the term “ abandonment” or the term “ willful failure
to support” to an illegitimate father who has not acknowledged the
child before the paternity has been established by judgment, or even
after judgment where the payment of a definite sum to the mother
constitutes the entire duty of the father, and the statute fails to
attach to illegitimate paternity or to the judgment establishing it a
general duty of support. In Montana and Oklahoma such duty of
support is expressly confined to the parent entitled to the custody of
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the child. The duty to support the illegitimate child is predicated
in general terms in Wisconsin, West Virginia, and Delaware and
particularly by the law of Minnesota of 1917; in other States it
follows from the penalization of nonsupport (New Hampshire,’
Colorado)., It must be questioned whether it is proper to cover
in the same context and by exactly the same provision two such
entirely different forms of delinquency as failure of duty with regard
to a legitimate child, and with regard to an illegitimate child that has
never been placed under the direct care of the father; as, e. g., under
the law of California which provides (Penal Code secs. 270-270c) that
it shall be a penal offense for a parent of a legitimate or illegitimate
minor child to omit willfully, without legal excuse, to furnish necessary
food, clothing, shelter, or medical attendance.
There can be no objection to placing upon the person who has
been adjudged to be the father of the child a general duty of support
and then making nonsupport on the part of the adjudged father a
penal offense.^ This is the law of Minnesota (1917).'
Civil proceedings against persons who can not be served within
the State.
There is at present no American bastardy statute which provides
for reaching a defendant who is outside of the State otherwise than
by the attachment of property which he may happen to own in the
State.
/
In the absence of specific statutory provision a defendant can not
be served by publication (Moyer v. Bucks, 2 Ind. App., 591; Beckett
v. State, 4 Ind. App., 136).
It may be conceded as a matter of theory that a person who has
left the State without ceasing to be. a legal resident of the State is
still amenable to its jurisdiction and that judgment can be rendered
against him upon service of process by publication and actual notice
given to him outside of the State; but the legislative tendency is
very strong against a personal judgment based upon such process in
a common-law action.
The tendency would be rather to proyide for an'equitable proceed
ing, in which class of actions service of process b y publication* is
more commonly resorted to, and therefore to make the proceeding
primarily one to establish a fact (the fact of paternity), and sec
ondarily to establish the existence of such obligations as the fact
carries with it.
In Illinois a bill was introduced in the legislature of 1917 embodying
this theory.1 It provided that a bill of complaint in chancery may be
filed for the purpose of establishing who is the father of the child.
The defendant, if not in the State, may be served personally outside
of the State and by publication, and if personally served without
the State may be proceeded against by default. The judgment may
i This bill did not become a law.
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then establish that the defendant is the father of the child, and that
as to such father the child is to all legal intents and purposes his
child. The court may in addition decree reasonable support-and
maintenance. The decree is to be conclusive evidence of the facts
found in all subsequent proceedings, including criminal proceedings
for nonsupport and like offenses.
This proposed law purports to allow proceedings against persons
residing outside of the State. It will be noted that the decree makes
the child to all legal intents and purposes the child of the father
“ as to such father,” Apart from the practical difficulties which
such qualified legitimation would encounter in legislative bodies the
State would have power only to fix, the status of the resident child,
but not that of the nonresident father; in other words, the imposi
tion of the obligation to support would be without jurisdictional
foundation. If the child were to be treated as illegitimate there
would be the further difficulty that the “ status” of illegitimacy
carries at common law no rights whatever and that therefore the
proceeding would characterize itself plainly as one to enforce a
personal obligation of maintenance. Against nonresidents of the
State the proposed law of Illinois would therefore fail of its purpose.
It might be theoretically available against persons who while outside
of the State continue to be residents of Illinois; but here the question
of fact presents a difficulty. For a change of residence from State
to State can be accomplished at the moment of migration, if there is
an intent to that effect, and it would not be easy to disprove such
intent against the oath of the defendant desiring to prove himself a
nonresident.
Civil proceedings in the jurisdiction where the defendant resides.
The constitutional difficulty of establishing jurisdiction over a
defendant outside of the State disappears if the proceedings for
support are brought in the State to which he has gone. It would not
be possible to permit a criminal prosecution in a State other than the
one where the offense has been committed; and where the alleged
father goes to another State, he does not commit an offense against
the law of that State by not supporting a child which is outside the
State. An obligation may, however, be made civilly enforceable
although it has been contracted outside of the jurisdiction, and the
opening of the State'courts to nonresident mothers for the institution
of civil bastardy proceedings is a matter of legislative discretion.
A State can not in this way afford relief to mothers left in its own
jurisdiction by absconding fathers, but only to mothers of other
States where the father is found in its own jurisdiction; but in a
comprehensive scheme of uniform bastardy legislation the benefit of
reciprocity may furnish a sufficient inducement and justification for
legislation which, considered by itself, has a somewhat altruistic
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IL L E G IT IM A C Y L A W S ,
,
•;
character. . Even without legislation, as a matter of comity, a State
permits nonresidents to sue residents upon any transitory cause of
action recognized by the common law.
Ordinarily it will, of course, be more desirable for the mother to
prosecute in her own domicile, but where the alleged father has
absconded the difficulty of reaching him and enforcing a claim
against him, either through equitable proceedings against an absent
party or through criminal prosecution involving extradition, may
easily outweigh the inconvenience of suing in another State and the
possibility of this alternative would certainly be an advantage.
Some States even now allow a woman to sue where the defendant
resides or may be found. Even though these provisions may have
been intended to enure mainly to the benefit of a woman residing in
another district of the same State, their wording makes them appli
cable in favor of a nonresident woman. Many States, however, rec:
ognize only the jurisdiction of the woman’s residence or of the place
of the birth of the child.
It would be a simple and effective reform to make the jurisdiction
of the defendant’s residence available by the legislation of every
State.
.
Provision for both criminal and civil proceedings.
California permits a civil suit to enforce support and also a criminal
prosecution for nonsupport. This shows the possibility of cumula
tive remedies. The prevailing type of legislation offers the advantage
that the same proceeding may be used to establish paternity and to
compel support by the combined resources^ of civil and criminal
procedure. It would therefore be perhaps unwise to discard the
present form of bastardy support legislation altogether. But in
particular cases it may be desirable to sue to establish paternity or
to enforce support by a civil action, or— after paternity has been
established— to punish nonsupport and use the efficacious methods
of suspended sentence and probation or of compulsory and com
pensated labor. It ought not to be impossible to offer all these
remedies to be used either cumulatively or in the alternative, as
circumstances may dictate. This is no more than what is possible
in the case of many other grievances which create legal and equitable
causes of action and at the same time subject the wrongdoer to
criminal prosecution.
POSSIBLE CHANGES IN THE LAW IN FAVOR OF THE ILLE
GITIMATE CHILD.
1. THE EXTENT OF THE PROVISION IN FAVOR OF THE CHILD.
This is plainly inadequate in most of the laws. If the payments
are not too low, the period of support is certainly in most of the States
too brief. Legislation should consider child-labor policies and their
effects; 14 years should be regarded as the lowest age at which the
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child can be expected to begin earning money/ and 16 years should
be the normal age to which the duty of support should extend. If
extended beyond that age in cases other than incapacity of some
sort, the illegitimate child would occupy a more favored position
than the lawful child, who ca;n be thrown on his own resources when
capable of self-support.
As regards amounts, the upper limits are, in nearly all States in
which such limits are set, too low. It is true that where the allowance
is entirely within the discretion of court or jury, the amounts
awarded do not seem to exceed these limits. This would seem to
indicate that the statutory amounts are perhaps not grossly at
variance with prevailing sentiment. There appears to be no disposi
tion to extend the generosity commonly shown to the woman in
breach of promise suits to the child in bastardy proceedings. The
measure of damages in case of breach of promise to marry is not
controlled by any statute, but is entirely a matter of judicial practice,
and it would be a new departure in legislative policy to force upon
courts or juries a greater liberality in awarding support allowances
than they are in the habit of granting at present. If such a policy
were adopted it would be necessary to determine upon some standard.
In breach of promise suits the wealth of the defendant is commonly
taken as furnishing such standard. Applied to support proceedings,
this would mean that the standard of the child’s maintenance would
be governed by the father’s position in life. The German Civil Code
makes the mother’s position in life controlling (sec. 170§). Considering
that the child grows up with the mother and amidst her social sur
roundings, an allowance much exceeding the needs of a corresponding
support would be incongruous and might produce untoward results.
The award of a lump sum to be placed in trust for the child, applying
so much of the income as is needful to the child’s support, would
probably be a wiser provision. Perhaps the best that can be done
at present is to remove the low maximum limits, and leave the extent
of support to judicial discretion to be guided by the circumstances
of each case.
Particular stress should be laid upon the care of the child at the
time of its birth and during its early infancy, which are the most
critical stages from the point of view of conservation of human life.
The laws which require larger payments for the first year than for
subsequent years recognize this. The like purpose would be served
by permitting at the first hearing some provision to be made to cover
expenses of confinement, but in advance of the determination of
paternity by regular trial, nothing can be demanded beyond security,
and a provision to that effect is found in a number of States..
In this connection should also be noted the legislation for the con
trol and supervision of institutions which are apt to have the first
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IL L E G IT IM A C Y L A W S .
care of illegitimate children, sy.ch as maternity hospitals,, children’s
homes, etc. In Massachusetts persons receiving illegitimate, children»
for hoard are required to notify the State hoard o f charities, which
may exercise a general custody for the benefit o f the child (eh* 83r
secs. 17, 18).
Massachusetts has also a provision (ch. 83, sec.. 13), whereby the
mother of an illegitimate child under 2 years of age may, with the
consent of the State board o f charities, give up the infant to the*
board for adoption;, and the board may in its discretion receive, the
infant. The surrender operates as a. consent to any adoption subse
quently approved by the board.
2. PROVISIONS FOR GUARDIANSHIP AND PERMANENT CARE.
Any comprehensive scheme o f reform: should consider the creation;
of an official guardianship, in order to do full justice to- the varying,
and' developing circumstances of each; case, and to standardize the,
legal duties of fathers toward the illegitimate offspring,
The legislation of Minnesota of 1917 marks an important step in
this direction. Chapter 194 is entitled: An. act to give the State;
board o f control general duties for. the protection of defective, illegiti
mate, dependent, neglected, and delinquent children, with authority
to act as guardian of children; and to provide for child-welfare.boards in the several counties* o f the State to aid in. the performance
of such duties. The powers of legal guardianship extend; to. cases of
children committed to the hoard or to institutions under, its manage
ment by courts of competent jurisdiction. Under the revised
juvenile court act of 1917 (ch. 397) the term “ dependent child” in
cludes every illegitimate child,, and every such, child is. therefore
subject to commitment to the State board. The same actr how
ever, also provides- that the child shall, not he taken, from its*
parents without their eonsent,. unless the separation shall he* found
needful to prevent serious detriment to the welfare of. the child.
Where the mother is* faithful and only the father is delinquent in.
his duty the power would therefore seem normally inoperative..
Section 2, which does not speak of legal guardianship^ is, more
valuable to the child. It. charges the State board o f control; with
a general duty to take care* that the interests of an illegitimate
child are safeguarded and that there is secured, to him-, thenearest possible approximation to? the. care, support,, and education
that he would be entitled to if. born of lawful marriage. For this
purpose the board, is given power to initiate legal and other
action, and to make such; provision as the interests of’ the child
from time to time, require. These, phrases, though liberally con
strued, fall short of the powers of legal guardianship«;, but even
under a conservative construction,, they permit the. exercise of active
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and continuing supervision and advice such as no other American
legislation provides for.
f
Much will depend upon the administrative organization placed at
the disposal of the board. It may appoint and fix the salaries of a
chief executive officer and such assistants as shall be deemed neces
sary to carry out the purposes of the act. For a reasonably adequate
solution of the problem of the illegitimate child, local as well as State
organs are indispensable, and these are provided for Jn sections 4
and 5. Upon the request of a county board, the State board may
appoint a child-welfare board for the county. This board consists
of three members appointed by the State board (two women; in the
larger cities five members), and a member of the county board and
the county superintendent of schools ex officio; the three appointed
members hold at the pleasure of the State board, and the State board
determines the duties of the county child-welfare board. The
county child-welfare board- appoints a secretary and executive
assistants; and, with the approval of the county board, fixes their
salaries. Where there is no child-welfare board the judge of the
juvenile court may appoint a local agent to cooperate with the State
board, whose salary is fixed by the judge, with the approval of the
county board. Under these provisions, while the local organization
is not absolutely compulsory, there is at least a reasonable assurance
that there will be a local agency wherever needed.
The State board is further aided by a provision in another law
(1917, ch. 212) to the effect that the officer in charge or licensee of
any hospital in which a pregnant woman or woman with a newborn
child, or such child, is received for care shall use due diligence to
ascertain whether the child is legitimate, and, if there is reason to
believe that the child is or will be illegitimate^ that he shall make
report to the State board of control (sec. 8).
It is to legislation of this type that we must look for the most effec
tual enforcement of illegitimate support legislation.
3. POSSIBLE IMPROVEMENTS RELATING TO THE STATUS OF THE CHILD.
A survey of the entire legislation concerning the status of the illegit
imate child (aside from the ordinary support proceedings) suggests
the desirability of providing in all the States for—
1. A declaration that the issue of null marriages is legitimate.
2. A proceeding to establish legitimacy or illegitimacy.
3. Legitimation by subsequent marriage of the father and mother,
where the father acknowledges the child.
4. The possibility of voluntary legitimation after the death of the
mother, or where marriage or adoption is impossible.
5. The possibility of adoption by the father.
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IL L E G IT IM A C Y L A W S .
;6. A declaration that the relation of mother and child is the same
whether .the child is legitimate or illegitimate.
Can the law safely go further and give the child the status of a
legitimate child with reference to the father ?
It has been seen that this has been attempted in North Dakota.
There an act of 1917 declares every child to be the legitimate child of
the natural parents, entitled to support and education, and to inherit
from the natural parents and their kindred, and merely withholds the
right to dwell with the father’s family if the father is married to some
other woman. So it has been proposed in Illinois to give the decree in
bastardy proceedings the effect of making the child " t o all legal
intents and purposes1” the child of the father as far as the father is
concerned.
The practicability of such legitimation of the child by the fiat of the
law should be carefully scrutinized. The normal legal relation between
parent and child involves the social foundation of a lawful or de facto
marriage; without this, it is in fact a different relation-—a fact which
no dictate of legislation can alter. It is true that where, upon a
divorce, the child is awarded to the mother it has the status of a legiti
mate child of the father without the corresponding social habitat, but
there is the essential difference that in this case the father who is de
prived of the custody normally still retains his parental affection and
interest, while in the case of the illegitimate child the father refuses
to admit the child into his household from the very beginning of its
life.
If the legislator declares the child born out of wedlock the lawful
child of the father, he should have a clear realization of the implica
tions of such a provision and consider particularly what follows with
regard ~to custody, rights of inheritance, and name.2
It has not been suggested that legislation should require the father
to assume the custody of the child. The infant of tender years is
naturally left to the mother in its own interest, and the father would
frequently be in no position to give it proper care. Illinois gives to the
father a right to the custody of the illegitimate child when the same
has reached the age of 10; and before, if the mother is unfit. A
requirement that the father assume the custody of the child approach
ing the age of adolescence would create a legal obligation novel and
without precedent; for the father may now give iip the custody of
his lawful child, so long as he provides for its maintenance and support.
A duty of custody is unknown to our law, and if it is impracticable
•The proposed hill did not becom e a law.
2E ven as regards maintenance the illegitimate child has, in some respects and in the absence of nonsupport
or abandonment laws, more effectual remedies than the legitimate child. The law of Tennessee therefore
finds it necessary to p ro v id e (s .7353): “ The judgment ofth e court against the defendant is not satisfied,
nor the defendant and his sureties exonerated from liability, b y ,the defendant subsequently legitimating
the child according to law .” Recent legislation in many States has, however, altered the law to the ad
vantage oi the legitimate child.
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to create it with regard to the lawful child, the difficulty of establish
ing it with regard to the illegitimate child may be well considered
insuperable.
Even the unqualified right under the law of Illinois to assume the
custody of the illegitimate child of 10 is a questionable provision; the
right of custody should be conditioned upon legitimation, and legis
lative provision should be made for legitimation where, as jn Illinois,
it is now lacking. Where the father has a lawful wife and legitima
tion is permitted without her consent, still she must have a right to
object to the child’s being taken by the father into the common
household.
Legitimation by decree would involve a right of intestate succes
sion. If that be regarded as a dictate of equity, it should still be
borne in mind that the right can be nullified by testamentary disposi
tion. That right the father has with regard to his lawful child, and
legislatures will hesitate to give the illegitimate child a preferred
status. If a case could be made in favoruf such preference it would
imply the introduction of the principle of forced inheritance into our
law, with a mass of complicated adjustments that would have to be
worked out with great care. There is no serious thought of such a
radical step; without it, the inheritance phase of statutory legitima
tion is a precarious gift.
It remains to consider the question of the name. Wisconsin in
1915 amended the vital statistics law by providing that where in
bastardy proceedings the paternity of a child is determined, dihe
child shall be given in the birth report the name of the father. A
birth report is required to be made within five days from the birth,
while bastardy trials do not take place until after the birth; the patern
ity will therefore ordinarily not be determined until after the report
of the birth has become due. It is also implied rather than expressed
that the father’s name shall be the legal name of the child.
It would, however, not be difficult to frame an adequate provision
bestowing the name of the father upon the illegitimate child. Should
this be a privilege of the child, or a requirement ? And if the former,
should the privilege be exercisable by the mother for the child once
for all, or should the child be allowed to assume the name of the
father on arriving at years of discretion ?
„
A legal requirement that the child bear the -name of the father
should be considered with a view to the possible consequence that it
might advertise the child’s illegitimacy, in contravention to the policy
of the law that the faet of illegitimacy shall not be needlessly dis
closed. The child naturally lives with the mother, who has no right
to the father’s name; a different name of her child would naturally
raise a question which she might be desirous of avoiding.
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The assumption of the name is also an empty privilege, if unaccom
panied by more substantial rights. Its practical effect may be ex
pected to be that the child will relinquish the use of the name for a
consideration; and the legislator ought to bear this possible conse
quence in mind.
It thus appears that the practical consequences of assimilating the
status of the illegitimate child to that of a legitimate child are limited.
And" this is what may be expected of an attempt to alter by legisla
tion social conditions and concepts.
Everything should undoubtedly be done that is within the legisla
tive power, to alleviate the hardship and stigma of illegitimacy, but
the limits of practical legislative power should be considered. Where
legislation can affect social sentiment it should do so; and even such
a matter as terminology should not be neglected. The term bastardy
should disappear from our law; filiation or affiliation proceedings
would as well express the usual proceedings for the support o f illegiti
mate children, and support orders are at present designated as affilia
tion or filiation orders in England, New York, New Jersey, and Dela
ware. And the term “ natural child” would be preferable to either
illegitimate or bastard.
It should also be seriously considered whether it is not possible to
keep any reference to illegitimate birth from public records other
than those of proceedings in which legitimate or ¿legitimate paternity
is directly involved.
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Tabular analysis o f American Illegitimacy Laws.
Presumption of legitimacy.
State.
V oid marriages and divorce.
Legitimation b y marriage of mother
and father.
Miscellaneous status provisions.
Child and mother.
Child and father.
Father of illegitimate child m ay legitimate
it b y proceedings before probate court;
at tim e of this legitimation he m ay have
its name changed b y giving its then
know n name and the one b y which he
wants it known.
Jurisdiction. Civil or
criminal.' Designa-,
tion.
Courts and locality o f jurisdiction.
W ho may make complaint.
Where the mother resides or where the
child is b o m , county. Preliminary
proceedings before justice. Trial be
fore circuit court.
A n y single woman.
Time of complaint and trial.
tation.
Lim i
Process.
Preliminary proceedings.
Trial.
Evidence. Compulsion to disclose
name of father. Accusation in
travail.
Judgment. H ow and to whom paid.
Period of payment. Amount.
Period of support.
Provisions in judgm ent as to name
and status.
Enforcement.
Security.
Lien.
ALABAM A.
Issue of incestuous marriages before
same are annulled, not deemed ille
gitimate. Issue of marriages di
vorced for antenuptial pregnancy of
wife, illegitimate.
Subsequent marriage of parents of il
legitimate child legitimates it.
See note 3.............................................................
See note 6.
A t time father legitimates child he m ay
change its name, stating its then known
name and the one b y which he wishes it
known.
Illegitimate child inherits from mother as if
legitimate. Mother of illegitimate child or
her kindred inherit from illegitimate child
in case there are no children or descendants
of children from illegitimate.
A L A SK A i.
Children of annulled marriages, legiti
mate. Issue of bigamous marriages
contracted in good faith, legitimate
if party lives w ith spouse after im
pediment removed.
Subsequent marriage of parents legiti
mates illegitimate child.
See note 3............... ....................................... .
See note 5.
Power of mother to bind her child, legiti
mate or illegitimate, ceases in case of her
subsequent marriage.
Inherits from mother and transmits inherit
ance to her b ut does not inherit as repre
senting mother.
A R IZ O N A .
Issue of null marriages legitimate.
Subsequent marriage o f parents legiti
mates illegitimate child.
See note 3.................... , .......................................
See note 6.
Guardian of person or estate of child b o m or
likely to be born illegitimate m ay be ap
pointed b y mother.
Illegitimate child inherits from and through
ite mother.
Father of illegitimate b y publicly acknowl
edging it adopts it.
County where mother resides. Justice
for preliminary trial; superior court
for trial.
A n y woman pregnant w ith or deliv
ered of bastard, or board of supervi
sors o f county where she resides if
child is likely to becom e a public
charge.
Before or after birth.
ARKANSAS.
Issue o f all null marriages deemed le
gitimate. Children of marriages sol
emnized b y any minister, justice of
peace, or m ayor m ade legitimate.
Subsequent marriage of parents and
recognition b y father legitimates ille
gitimate child.
See note 1 .............................................................
See note 5.
See note 6.
If there is no lawful father, mother is natural
guardian of illegitimate child. Abandon
ment statute applies to child “ legitimized
b y lawful wedlock.” Petition to take
child away from improper parents must
give name of mother if child be illegiti
mate.
Inherits and transmits inheritance on part
of mother, as if legitimate of mother.
Recognition of child b y father after mar
riage to mother of illegitimate, legiti
mates such illegitimate.
The county court of county where
mother resides.
A n y woman pregnant with or deliv
ered of bastard child.
Complaint m ay be made before or after W arrant.
birth. Trial after birth.
Issue of all null marriages legitimate.
I f divorce be granted for adultery of
wife, children begotten before com
mission of act, legitimacy not af
fected; i f begotten after act, legiti
m acy determined b y court upon evi
dence o f case; i f divorce be for adul
tery o f husband, legitimacy o f chil
dren begotten before suit begun not
affected.
Subsequent marriage of parents with
proper acknowledgment b y father
legitimates illegitimate child.
See note 1............. .............................................. .
See note 2.
See note 6.
Mother of illegitimate child m ay appoint a
guardian for such child b y will or deed.
Children to be cared for in foundling asy
lums which receive State support include
illegitimate children.
Mother of unmarried illegitimate minor en
titled to its custody, services, and earn
ings. Father as well as mother of illegiti
mate child must educate and support it.
Failure to d o so is a crime. Illegitimate
child inherits from mother. _If illegitimate
child not adopted or legitimated, estate
goes to its issue; i f no issue, estate goes to
mother of illegitimate.
Father as well as mother of illegitimate
child must educate and support it.
Failure to d o so is a crime. I f father
jrly acknowledges illegitimate, latecomes his heir. Proper acknowl
edgment o f illegitimate b y father after
marriage to its mother legitimates such
ch ild ; also public acknowledgement b y
father and reception into his family le
gitimates illegitimate.
See note 3.............................................................
See note 5.
See note 6.
. . ...
Mother o f illegitimate child m ay bind it as
apprentice. This power ceases if mother
later marries. Abandonment statute ap
plies to illegitimate children b y express
m ention of them.
Inherits from mother as if legitimate. If Man must support illegitimate as well as
legitimate children. I f father recognizes
w idow and children or husband and chil
illegitimate child after marrying its
dren survive illegitimate, property passes
mother, child inherits as if legitimate.
to survivors; i f no children left b y illegiti
mate, property passes to surviving spouse;
if no surviving spouse or children, prop-,
erty passes to mother of illegitimate; if
none o f these left surviving, property
passes to next of kin of mother of illegiti
mate.
County where mother resides if child
is unborn; after birth, cou nty where
child is b om . Justice for prelimina
ries, district court of county for trial.
A n y single woman.
Before or after birth, but no proceed
ings after child is 12 months old.
W arrant.
Preliminary hearing and examination
before justice in presence («accused.
If probable cause foundi accused
must give bond to appear at next
term of district court.
Trial b y ju ry .
B oth parties are competent witnesses.. If verdict is for accused, he is dis
charged and the woman pays the
costs. If verdict against accused,
such damages are named as ju ry
deems proper for support of the
child. Sum m ay be paid annually
or otherwise.
Concealment of pregnancy and delivery in
secret or endeavoring to conceal birth o.
illegitimate ch ild, crime.
W hen either parent of ch ild, legitimate or I See preceding colum n,
illegitimate, is able to contribute to sup
port of such child w hich has been com
m itted to cou nty temporary hom e, parent |
m ay be com pelled so t o contribute. Chil
dren born before marriage whose parents
afterwards intermarry are deemed legiti
mate and inherit equally w ith other
children.
Complaint is m ade to justice or com
missioner of superior court where
m other resides. Trial is held b y
court of com m on pleas or superior
court.
A n y woman pregnant w ith or deliv
ered of bastard child, if m other does
not and town is not indemnified, it
shall bring proceedings.
Before or after birth. Complaint
must be w ithin three years after
birth of child.
W arrant.
Warrant is issued b y justice or com
missioner of superior court if m other
furnishes certificate of reputable
physician that she is pregnant w ith
or delivered of bastard. If court
finds no probable cause for binding
defendant over, complainant m ay
- appeal. Court shall then bind
defendant over to common pleas or
superior court as i f probable cause
had been found.
Trial b y ju ry on request of either
party. I f m other fails t o carry on
proceedings after com plaint, tow n
m ay do so.
If after complaint m other continues
constant in accusation, it shall be
admissible. The good character of
the accused is admissible or bad
character is rebuttal.
If judgment is against accused, he
shall be charged, together with the
m other, w ith the maintenance of
the ch ild and for half the costs of
confinement. The amount to be
paid in weekly installments is in
the discretion of the judge. If court
finds no probable cause, it shall be a
bar to future action.
See note 3. Abandonment statute applies
expressly to illegitimate children. U pon
application of putative father justices m ay
bring illegitimate ch ild before them and
bind it i f th ey think proper. I f female
apprentice bears illegitimate ch ild during
her term , she shall serve one year after
original term and forfeit freedom dues.
Neglect of illegitimate child b v either father
or m other, misdemeanor. I f illegitimate
dies intestate and w ithout lawful issue,
property passes t o m other of illegitimate
If she be living; if she be dead, property
passes t o her heirs. I f m other of illegiti
m ate dies intestate, property passes to
such illegitimate and t o its heirs if such
illegitim ate has died; if no such lawful
issue of illegitimate, property goes t o heirs
at law of deceased m other.
Justice for trial.
A n y woman pregnant w ith or deliv
ered of bastard child. A n y justice
on own knowledge or information
that woman has been delivered of
bastard shall cause her t o com e
before him and discover the father
or give bonds to indem nify trustees
of poor. Upon failure t o d o either
he shall commit her t o jail.
Complaint before or after birth; trial
after birth.
W arrant,
Justice has com plete jurisdiction to
try the case; but from his decision
an appeal lies on behalf o f the
accused t o the court of general ses
sions. In this court trial is b y jury.
B oth parties are competent witnesses.
If the m other is dead at the tim e of
hearing, her accusation in travail
persevered in as a dying declaration
is admissible. The m other’s depo
sition is admissible where she is
unable to attend.
If judgm ent is against accused, he
shall be ordered to p ay $10 for con
finement expenses, $10tothe attend
ing physician, and not less than $5
nor m ore than $25 per month to
m other or custodian of the child.
Costs are paid b y the defeated party.
15 years.
Accused must give recognizance in
sum of $1,000 for performance of
judgment.
Children b o m in wedlock presumed le
gitimate. Children of wom an who
has been married b o m within 10
m o n th s after dissolution of marriage,
presumed legitimate children of that
marriage. Presumption o f legiti
m acy can be disputed only b y hus
band or wife or descendant of one or
both of them.
C A L I F O R N I A ....
COLORADO.
Divorce in no wise affects legitimacy of
any child of marriage nor child’ s
right to inherit the property of its
father and mother.
C O N N E C T IC U T ..
If marriage void , superior court m ay
so declare and m ay then m ake such
orders in regard to the children of
such marriage as i t m ight in a d i
vorce proceeding between the con
tracting parties.
Children begotten before beginning of
divorce action presumed legitimate.
D E L A W A R E ..
D IS T R IC T
L U M B IA .
OF
CO
F L O R ID A .
Subsequent marriage of parents legiti
mates illegitimate child.
In divorce proceedings b y wife legiti
m acy of children begotten before suit
begun not affected; if action be b y
husband, legitim acy of children be
gotten before commission of ofEense
charged not affected; legitimacy of
other children m ay be determined as
one of issues of case.
Complaint m ay be before or after
birth. Barred after 1 year from
birth of child unless accused has in
meantime acknowledged or sup
ported child.
W arrant.
Hearing before justice. Ifheftndsreasonable cause, accused must give
bond to appear in circuit court.
Trial in circuit court.
R
Neglect of illegitimate child b y either
father or m other, misdemeanor. Father
is accountable to trustees of p oor for
maintenance of his illegitim ate child
until latter is 10 years of age.
Warrant m ay be exe Hearing before justice. If accused
cuted anywhere in
pays or secures to be paid to com
State.
plainant such amount as she fixes,
approved b y supervisors, and pays
cost o f prosecution and expenses in
curred b y county in lying-in of
mother and gives bond to indemnify
county against maintenance of ch ild ,
he is discharged. I f accused does
not do these things and there is prob
able cause to believe him guilty, jus
tice requires bond that fie will ap
pear before superior court; if he gives
no bond, he is sent to jail.
Trial in superior court.
Trial held at least 24 hours after arrest
of accused. Accused m ay demand
jury.
Death of child cancelsbond and vacates
judgm ent. Marriage of parents has
same effect.
State.
ALABAM A.
Accused, if found guilty, must give
bond to secure carrying out order of
court; if fails to give such, he is sent
to jail. Ifim prisoned90daysandcan
not pay, he m ay apply for discharge
b y giving proper notice. I f upon
hearing it appears that he ca n n ot
pay, he is discharged. I f later he
becomes able, he m ay be compelled
to make payments.
If accused found guilty, he must give
bound to county for maintenance of
child, costs o f prosecution, and all
expenses o f lying-in and care and
support of m other. Maximum
amount allowed for support of ch ild ,
$600.
Mother competent witness. I f mother
dead at time of trial her declaration
made in travail and proved to be her
dying declarations are admissible.
Judge of county court m ay com pel
mother to disclose name of father;
on her refusal she must give bond for
support of child or go to jail.
I f judgm ent against accused, he is or
dered to pay for confinement ex
penses of mother from $5 to $15 and
for costs o f case. I f claimed b y the
mother, accused shall be ordered to
pay from $1 to $3 per month.
7 years.
N ot more than 18 years
Board of supervisors, either before or
after judgm ent, m ay make equitable
compromise and thereupon dis
charge accused from all liaDility for
child’s support.
Confinement expenses and costs must
be paid at once or judge m ay com
mit. Bond shall be g ven to secure
paym ent of m onthly dues.
A R IZ O N A .
After death o f accused judgm ent m ay
be revived against executor or ad
ministrator.
ARKANSAS.
The court m ay enforce order for sup
port b y requiring reasonable secu
rity. The convicted defendant m ay
be em ployed on public works and
$1.50 in paym ent for such work m ay
be applied in the support of child.
C A L IF O R N IA .
Execution m ay be issued annually if
the sum is to be paid annually.
COLORADO.
Accused must give security binding
him self to p ay the judgment. On
failure to d o so he is imprisoned-for
six months before he can be released
as a poor debtor. After release he
continues liable.
Settlement can not be m ade without
the consent of the tow n unless it is
indemnified. The tow n m ay settle
where it has brought the proceed
ings.
C O N N ECTICU T.
DELAW ARE.
I f m an marry m other of antenuptial
ch ild and acknowledge such child,
latter is legitimated and is capable
of inheriting and transmitting prop
erty as if legitimate.
See note 4. Decision holds that abandon
m ent statute applies only to parents of
lawful children and not to parents of
illegitimate children.
Illegitimate children inherit from mother
and from each other as if legitimate. If
illegitimate ch ild dies leaving n o descend
ants or brothers and sisters or descendants
of brothers and sisters, m other of illegiti
m ate entitled as next of kin or heir; if
m other of illegitimate dead, next of kin or
heirs of m other take as if child legitimate.
Illegitimate children or issue of such can
not take b y descent any interest in real
estate of m other when latter is incapaci
tated from making a will and so remains
until her death.
T he juvenile court of the District has
jurisdiction i f the ch ild is born in the
District or the m other is a resident
of the District.
The mother; the board of charities;
next friend.
Complaint before or after birth. Com
plaint can not be brought tw o years
after birth.
W arrant.
Preliminary proceedings before the
judge of the juvenile court, includ
ing examination of the accused.
Trial even in absence.
A m ount of judgm ent is in the discre
tion of the court.
14 years.
Judgment can be enforced b y im
prisonment. Accused m ay be re
leased after six m onths lor insol
vency.
I f ch ild dies and amounts due on bond
be paid or amount due up t o date of
ch ild ’s death be paid , person ad
judged to be father of cn ild and his
sureties are discharged.
D IS T R IC T OF C O LU M B IA .
Issue of marriage between w hite and
negro illegitimate. D ivorce does
not render issue b o m during m ar
riage illegitimate unless one of par
ties had spouse living at tim e o f
marriage sought t o be annulled; in
that case marriage v o id ab initio
and issue illegitimate.
Subsequent marriage of parents legiti
mates illegitimate child.
See note 3............—..............................................
See note 5.
See note 8.
Abandonment statute applies to “ any
m other required b y law to care for and
support her ch ild .”
Illegitimate children are capable of inherit
ing and transmitting inheritance on part
of m other as i f legitimate.
W here the m other is or where the
ch ild is bom . The justice for pre
liminaries; the cou nty court for
trial.
Single woman.
Proceedings m ay be started before or
after birth.
W arrant.
Preliminary hearing before the justice.
If sufficient cause appears, accused
is bound over w ith security to ap
pear for trial in the circuit court.
Trial b y jury.
If judgm ent is against accused, he
shall be ordered to p ay expenses of
confinement and not exceeding $50
per year for the support, mainte
nance, and education of the child.
10 years.
Must give bond to the prosecutrix;
execution m ay issue on this bond as
often as m oney becomes due under
the judgm ent. On failure to com
p ly defendant is imprisoned for
term specified b y court for not longer
than one year.
Death o f the ch ild makes the bond
void. Subsequent marriage of the
parents has similar effect.
F L O R ID A .
Mother must give security of $750 for
support of child or discover on oath
the father of the child.
See under heading, “ Preliminary pro
ceedings.”
14 years.
If the father does n ot give security, he
m ay be indicted. Failure to give the
security is a misdemeanor, but any
fine collected thereon goes toward
the maintenance of the child. The
bond taken b y the justice is sent to
the ordinary of the county where thq
mother resides. W hen any child
becomes chargeable to the county,
the ordinary gets judgm ent for the
full amount of the bond.
Mother shall be admitted as witness
and m ay be compelled to testify.
Her accusation in time of travail is
admissible at the trial to corroborate
her testimony.
I f finding is against accused, he shall be
ordered to pay in such installments
as seem best, considering his finan
cial ability, for the maintenance of
the child.
14 years.
If accused fails to pay or to execute
bond, he shall be imprisoned; he
m ay be discharged for m solvency.
Marriage of mother and reputed father
with recognition of child as his ren
ders childlegitim ate and it takes
name of father.
See note 4...................... .......................................
See note 5.
See note 7.
Issue of marriage of colored parents b o m be
fore emancipation legitimate child of m oth
er; such child is legitimate child of father
only if b o m during wedlock. Ordinary
m ay appoint guardian for person and prop
erty of illegitimate when deemed necessa
ry. Bastard defined as child b o m out of
wedlock whose parents d o not later inter
m arry or child of adulterous intercourse of
wife during wedlock.
Mother of illegitim ate ch ild is entitled to its
custody until legitimated b y its father.
Hlegiiimate chiM mherits from m other and
transmits inheritance to her. Illegitimate
children of same mother inherit from each
other and equally w ith legitimate children.
Father m ay legitimate child b y order of
court on petition of father, notice being
given to the mother. The father of an il
legitimate child m ay be com pelled b y the
State to support it. Marriage of mother
and reputed father w ith recognition of
child as his renders illegitimate child le
gitimate and it takes surname of father.
Justice to decide question of parentage;
superior or county court if the father
fails to give security for support of
the child or the mother refuses to dis
cover name of father. County where
mother resides or child is bom .
Justice on own knowledge or upon in
formation under oath, where the
child may become chargeable to the
county.
Proceedings m ay be started before or
after birth.
W arrant.
Justice hears affidavits and testimony
of b oth parties and m ay recognize or
discharge either or both. He m ay
require the putative father to give se
curity for support and education of
child, also expense of mother’s con
finement. U pon failure to give such
security the justice binds accused
over under bond to appear before su
perior or county court.
See preceding colum n.
H A W A II.
I f divorce is granted for adultery of
wife, issue is presumed legitimate,
but, if questioned, is tried and deter
m ined b y the judge.
If divorce is for adultery of husband,
no effect on legitimacy of issue of
marriage sought to be dissolved.
(See also preceding colum n.) Issue
of a marriage annulled for insanity
or infancy deemed legitimate issue of
party capable of contracting. Chil
dren of incestuous marriages illegiti
mate.
Marriage of parents legitimates illegiti
mate child.
See note 3..............................................................
See note 5.
Illegitimate child bears m other’s napie and
she must support it during its m inority.
W orkm en’ s compensation statute applies
expressly to illegitimate children acknowl
edged before the injury.
Illegitimate child inherits through its m oth
er. Illegitimate child can not inherit from
male parent without express bequest. If
marriage annulled because of previous
marriage, one party being in good faith,
children inherit as if legitimate. If illegiti
mate child dies intestate without leaving
lawful issue or widow, estate goes to its
mother; if leaves widow, she takes onehalf and m other one-half; if m other not
living, w idow takes one-half and one-half
goes to brothers and sisters of illegitimate;
if no brothers and sisters, one-half goes to
brothers and sisters of m other; if none of
these relatives survive, estate goes to next
of kin.
If marriage annulled account previous mar
riage, one party acting in good faith, chil
dren inherit as if legitimate.
Territory. Juvenile court for prelimi
nary proceeding and trial. Judges
of circuit court m chambers subject
to appeal to circuit and supreme
courts have power to decree the filia
tion of bastards. This action must
be brought where parents or either
parent or children reside. Petition
for filiation must be sworn to.
A n unmarried wom an or her parents
or guardian or any person as next
friend of bastard.
W hen the woman is quick w ith child
or after birth. Proceedings must be
started within 6 months, omitting
time the accused is absent from terri
tory. Trial after birth.
W arrant.
Judge exam inesinto the character and
married or single condition of the
mother when child was begotten,
time and place of conception, where
and when b om , and such else as he
deems necessary, the applicant be
ing exam ined under oath.
On demand of accused trial is b y jury,
otherwise not. Trial m ay proceed
in absence of accused thoughbond is
forfeited.
If divorce granted for adultery of wife,
children begotten before commis
sion of act n ot affected as to legiti
m acy; legitimacy o f other children
of wife m ay be determined b y judge
upon evidence of case. I f marriage
void because of insanity or previous
marriage, issue legitimate.
Subsequent marriage of parents legiti
mates illegitimate child.
See note 1......................................- ....................
See note 3.
See note 6.
<‘ Child ’ ’ in workmen’s compensation statute
includes acknowledged illegitimate child.
Mother only m ay appoint guardian for ille
gitimate child.
Illegitimate child is heir of m other but does
not represent father or mother b y inherit
ing any estate of his or her kindred, lineal
or collateral, unless before child’ s death
parents intermarry and father acknowl
edges child as his. In this case illegitimate
and legitimate children are deemed broth
ers and sisters and inherit from each other
as if legitimate. If illegitimate child dies
intestate and not acknowledged or adopt
ed and leaves no issue, estate goes to his
mother, and if she dies, to her heirs at law.
Illegitimate child is heir of father if latter
acknowledges him in presence of compe
tent witnesses, b u t in such case child
does not inherit from relatives o f father
or mother. Illegitimate is made legiti
mate b y adoption into family of father.
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Accused must give bond with surety
in sum of $1,000 to secure paym ent of
the judgm ent. If bond not given,
accused sentenced to hard labor for 1
year.
Mar
Issue of following void marriages legiti
m ate: V o id account of lunacy of one
of parties; vo id account of former
marriage but one party contracted
marriage in good faith; legitimate as
to that one.
Issue of void marriages before they are
annulled b y court, legitimate. Issue
of bigamous or polygamous mar
riages b o m before prosecution for
such crime or within ordinary period
of gestation thereafter deem edlegitimate. In no case of divorce is issue
made illegitimate unless woman
pregnant at tim e of marriage; if di
vorce obtained on that ground, is
sue illegitimate.
No. 1.
10 years.
Mother or guardian.
Civil suit to enforce
the obligation of
support and educa
tion of minor illegitim a t e m a y be
brought against its
father b y the mother
or guardian.
Children b o m in wedlock or within
usual period of gestation, legitimate.
This m ay be disputed. W here ac
cess exists except in cases of divorce
from bed and board the strong pre
sum ption is in favor of legitimacy.
90956—19.
I f judgm ent against accused, court
m ay order paym ent not exceeding
$50 per year to the judge of probate
court. This m oney is for the sup
port and education of the child.
Effect of death of any of parties.
riage of parents.
A L A S K A .1
G E O R G IA .
I D A H O 1-
B oth complainant and accused are
competent witnesses.
Compromise.
N ote 1. A doption .—Adoption law recognizes illegitimate’s m other in consent requirements.
N ote 2. A pprenticeship .—Illegitimate child m ay be bound b y mother.
N ote 3. B irth
N ote 4. B irth
G E O R G IA .
The mother can not compromise un
less by consent of the court and au
thorized intervener or unless bond
is given to indem nify the parent,
guardian, etc., and the city , county,
and territory from all charges, past
or future, for support of child.
If after complaint has been made th
mother dies or refuses to prosecut*
anyone entitled to make the con
plaint m ay prosecute.
H A W A II.
ID A H O .
registration .—States whether legitimate or illegitimate.
registration .—Special provisions for not disclosing father’s
N ote 5. Concealment op birth .—Concealment of illegitimate’s birth and death, crime.
N ote 6. I ncest .—L aw applies to illegitimate relations.
name.
JN o bastardy support statute.
N ote 7. R esidence .—Illegitimate takes residence of mother.
N ote 8. Slav e m arriages .—Marital cohabitation of colored persons prior to emancipation, recognized as marriage, and issue, legitimate.
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Federal Reserve Bank of St. Louis
Tabular analysis o f American Illegitimacy Laws—Continued.
Presumption of legitimacy.
State.
V oid marriages and divorce.
Legitimation b y marriage of mother
and father.
Jurisdiction. Civil or
criminal. Designa
tion.
Courts and locality of jurisdiction.
W ho m ay make complaint.
Tim e of complaint and trial.
tation.
Limi
Process.
Child and mother.
Child and father.
Illegitimate child inherits from , through,
and transmits inheritance to its mother.
I f mother of illegitimate child abandons
child under 1 year of age and child is cared
for b y an institution, latter gets control of
child and mother loses it. In matter of
adoption petition m ust state name of
mother o f illegitimate. If mother of ille
gitimate child is dead or a minor, and peti
tion for adoption so shows, court m ay
appoint guardian ad litem. I f wife is
mother o f illegitimate child, husband and
wife m ay petition join tly to adopt such
child.
Father of illegitimate child is not entitled
to its custody until child is 10 unless
mother is unfit. Subsequent marriage
of parents of illegitimate child with
acknowledgment b y father legitimates
such child.
Justice court for preliminaries. The
county court for trial. (Criminal
court in Cook County.) In the
county in which the m other is preg
nant or the child is b om , or where
father resides.
A n y unmarried woman pregnant with
or mother o f a bastard.
Complaint m ay be m ade u p to tw o
years after birth of child or during
pregnancy. (T im e accused is out of
jurisdiction not counted.) Trial
can be on ly after birth and with
same two-year limitation.
W arrant.
Miscellaneous status provisions.
N o divorce affects legitimacy of issue
except where marriage is declared
void account previous marriage.
Issue of com m on-law marriage
deemed legitimate upon parents
obtaining license and marrying.
Subsequent marriage of parents with
acknowledgment b y father legiti
mates illegitimate child.
See note
See note
See note
See note
See note
See note
W here marriage is void because of a
previous marriage, but the child
was begotten while one party was
still in ignorance o f this fact, such
child is legitimate. T he fact m ay
be established b y a special proceed
ing. W here marriage is void on
other grounds, issue legitimate.
Subsequent marriage of man and
mother of illegitimate child makes
such child legitimate i f m an ac
knowledges child as his own.
See note 7..............................................................
“ Child” in workmen’s compensation stat
ute includes acknowledged illegitimate
child. Surname of illegitimate child born
in licensed m aternity hospital is that of
mother. Boarding houses for children
mean places where children, illegitimate,
included under 3 are received.
Illegitimate child inherits from the mother
as if legitimate and through her, if she be
dead, any estate she would have taken if
living. Mother inherits from illegitimate
child dying intestate; i f m other be dead,
her descendants or collateral kindred take
the inheritance. (County o f mother’s
legal settlement chargeable with expenses
of mother’s confinement and child’s care
i f same is not paid within four m onths after
confinement; i f child is pu blic charge, it is
taken to cou nty of m other’s legal residence
at proper tim e; i f can not establish legal
residence o f mother, child is taken to
county where bom . I f m other resident
of another State, she and child are taken
there as soon as she is able.)
Illegitimate child inherits from father
dying intestate i f father has acknowl
edged child during father’s lifetime.
This does not apply i f father has legiti
mate children or descendents o f them
surviving at tim e o f his death. Subse
quent marriage o f m an and mother of
illegitimate child makes such child legiti
mate i f m an acknowledges child as his
own.
Justice for p relim in a ry examination;
circuit court for final judgm ent i f
justice find accused to be the father.
W here father resides. Appellate
court has jurisdiction o f all appeals
in bastardy cases.
A n y woman pregnant with or deliv
ered of bastard.
Proceedings m ay be started before or
after birth, but not longer than tw o
years from date of birth.
W arrant...........
IN D IA N A .
IO W A .
I f marriage is void account nonage,
insanity, or id io cy , or because o f
prior marriage, i f last marriage was
contracted in good faith, issue legiti
m ate as to person capable o f con
tracting. I f marriage void account
im potency of husband or because
incestuous, issue illegitimate. Hus
band can get divorce account ante
nuptial pregnancy of wife unless he
has illegitimate child living at time
of marriage, which fact was un
know n t o wife at that time.
Children o f parents whose marriage
m ay be annulled because of want of
age or understanding of contracting
parties are legitimate if begotten be
fore such marriage is annulled.
Subsequent marriage of parents legiti
mates illegitimate child.
See note 1............................................................ .
See note 3.
Illegitimate child has residence of mother;
if she have none, then that of father.
Illegitimate child inherits from and trans
m its inheritance to the mother. Mother
of such child m ay surrender it to home for
friendless children i f child is in her care
and custody.
Father is liable to contribute to the sup
port of his illegitimate child. Illegiti
mate child inherits from father i f its
paternity is proved during father’s life.
This fact m ay be established in a sup
port proceeding. Such child also in
herits from father if it has been publicly
recognized.
County where the mother resides.
District court for entire proceedings.
A n y person may make complaint,
which must be in writing, and must
state that a bastard has been or is
about to be bom and m ust accuse
the father.
Proceedings m ay be begun before or
after birth.
N otice as In any ordi
nary action.
See note 6..
See note 7.
Illegitimate child inherits from mother.
Illegitimate child inherits from father if
father has recognized child publicly or
in writing. I f recognition is mutual,
father inherits from child.
A n y justice for preliminary hearing;
district court for trial.
Unmarried woman delivered of or
pregnant with bastard child.
Proceedings m ay be started up to 2
years after birth or during preg
nancy.
W arrant.
E very child begotten or born out of
wedlock is illegitimate. Issue o f in
cestuous marriages, such fact discov
ered in lifetime o f parties, illegiti
mate. Issue o f marriage o f white
and colored parties illegitimate. Is
sue o f other vo id marriages legiti
mate as to b oth parties. I f divorce
granted account antenuptial preg
nancy o f wife, issue illegitimate.
Subsequent marriage of parents legiti
mates illegitimate child.
See note 3.............................................................
See note 5.
See note 6.
See note 8.
« Child ” in workmen’s compensation statute
includes recognized illegitimate child.
Illegitimate child inherits from and through
its mother and transmits inheritance to
her.
Acknowledgment b y father after marriage
to mother of illegitimate child legiti
mates it.
County where the child is born unless
it is born outside the State, when it
shall be county where mother re
sides. County court has complete
jurisdiction.
Unmarried woman delivered of bas
tard.
May bring proceedings after birth of
child until child is 3 years old.
W arrant.
Children o f incestuous marriages ille
gitimate; if marriage annulled ac
count previous marriage but last one
contracted innocently, issue legiti
mate as t o one capable of contract
ing. Issue o f marriage vo id for in
sanity or nonage, legitimate as to
one capable of contracting. Divorce
does not bar issue o f marriage from
inheritance or affect their rights.
Illegitimate is heir o f both parents if
latter intermarry.
See note 5..............................................................
See note 7.
,
' ...
Mother m ay consent to adoption of illegiti
m ate child if latter under 14. Boarding
houses for children include places where il
legitimate children under 16 are received.
Birth registration requires no statement as
to legitimacy.
Hlegitimate child inherits from mother and
is heir of b oth parents if they intermarry.
Illegitimate child is heir o f b oth father and
mother if they intermarry. Such child
inherits from its father if latter acknowl
edges him before a notary or adopts him .
Preliminary proceedings m ay be start
ed before any justice. Trial shall be
in county (superior court) where
mother resides.
A n y woman pregnant w ith or deliv
ered of bastard.
Proceedings m ay be started before or
after birth. Trial on ly after birth.
W arrant..........
Orphans’ court m ay b in d out illegitimate
pbiirirnn. B irth registration needs no
statement as to legitimacy. Illegitimate
children inherit from each other.
Illegitimate child inherits from and trans
mits inheritance to mother. If illegiti
mate child dies intestate, leaving no de
scendants or brothers and sisters, mother
of illegitimate inherits his property; if
mother dead, her heirs at law inherit the
property.
Marriage o f parents and acknowledgment
by father legitimates illegitimate child
and renders same capable of inheriting
and transmitting property as if legiti
mate.
See under “ Trial” . .
Before any justice for preliminaries
and circuit court for trial. Where
father resides.
A n y justice upon information that any
wom an has an illegitimate child
shall cause her to be brought before
him and to indemnify the county
from any charge unless she discloses
name of father.
Before or after birth for complaint;
trial only after birth. Proceedings
must be started within 2 years from
birth or some paym ent made b y ac
cused.
W arrant.
The getting of a
woman w ith child
b y a man not her
husband is a misde
meanor.
W here m other or accused. Proceed
ings m ay be started in any m unici
pal, police, or district court; where
such courts do not exist, before any
trial justice. A n appeal lies on part
of defendant to superior court.
State board of charity shall prosecute
all cases of bastardy if mother has no
settlement in commonwealth.
Proceedings m ay be started imm e
diately after child is begotten.
Trial m ay be had before birth also
unless defendant objects to an adju
dication before child is born or
mother advanced six m onths in
pregnancy.
IL L IN O IS .
KAN SAS.
KENTUCKY.
1..
2.
4.
5.
6.
8.
L O U IS IA N A 1.
M A IN E ............
M A R Y L A N D ...........
M A SSA CH U SETTS.
M IC H IG A N .
Children begotten before commence
ment o f suit for divorce account
adultery presumed legitimate until
contrary is shown.
Issue of incestuous marriages, illegiti
mate; issue o f marriages vo id for
nonage, insanity, or id iocy, legiti
mate as t o party capable o f contract
ing. (Same is true i f marriage void
because of former marriage.) If man
and wom an m arry when either has
spouse living, b u t act in good faith,
they are deemed legally married
when impedim ent is rem oved if
they continue to live together, and
issue of such subsequent marriage is
legitimate as to b oth parents. Di
vorce for adultery of wife, legitimacy
of issue n ot affected.
Marriage of parents and acknowledg
ment b y father legitimates illegiti
m ate child.
See note ..............................................................
See note 7.
,
,
Abandonment statute made expressly
applicable to illegitimate children. See
note 2. Decree for adoption o f illegiti
mate n ot made without consent o f mother;
feet o f illegitimacy n ot expressly averred
on record. In birth registration name o f
illegitimate child or its parents n ot printed
b y city or tow n; w ord “ illegitimate”
used instead. Name of father n ot stated
b y physician unless requested so to do b y
father and mother in writing. Person
receiving child under 3 for board or to
secure adoption for it shall learn if possible
if child be illegitimate. Officers o f State
board of charity m ay enter and inspect
any building if th ey think illegitimate
child is mistreated therein.
Illegitimate child inherits from mother and
any maternal ancestor. Issue of illegiti
mate represents him as to inheritance;
property o f illegitimate descends to and
through the mother. Mother o f illegiti
mate child under 2 m ay give up child to
State board o f charity if they consent and
she has borne a good reputation. Mainte
nance bond m ay be required of parent of
illegitimate child.
Man adjudged father of illegitimate child
liable to contribute reasonably to its sup
port during its minority just as if child
were legitimate; failure to do so, misde
meanor. Question of paternity m ay be
determined in a support action against
putative father. Marriage o f parents
and acknowledgment b y father legiti
mates. Maintenance bon d m ay be re
quired o f parent o f illegitimate. Grant
ing divorce, giving issue to mother, no
defense to father in support proceeding.
Subsequent marriage o f parents and
acknowledgment b y father legiti
mates illegitimate child.
See note 2..............................................................
See note 3.
See note 5.
.
, ,
...
A doption o f illegitimate must be w ith
mother’s consent. If she has surrendered
control o f child to incorporated asylum,
consent of principal officer of such asylum
required.
Illegitimate child inherits from but not
through its mother. Property of illegiti
mate descends to and through its mother.
Subsequent marriage of parents of illegiti
mate and acknowledgment b y the father
of such child legitimates it. Acknow l
edgment b y father made in same manner
as acknowledgment to deed of real estate.
Justice court for preliminaries; circuit
court for trial.
A n y woman pregnant with or deliv
ered of bastard or the superintend
ent o f poor of county where mother
asks for aid.
Proceedings m ay be started before or
after birth. Trial after birth.
Warrant.
Issue incestuous marriages, legiti
mate; issue of marriage annulled for
idiocy, insanity, nonage, force, fraud,
or because o f former marriage, legiti
mate as to party capable o f contract
ing. Divorce for adultery o f wife
does n o t affect legitim acy o f issue of
marriage; if legitimacy o f child
questioned, decided on proof of
cause.
If child is conceived of fornication and
father absconds from State during period
of gestation or within 60 days thereafter
to escape paternity proceedings, he is
guilty of a felony. In case of petition for
adoption father, so adjudged, of illegiti
mate child is notified thereof.
Justice or municipal court for prelimi
naries; district court for trial.
W om an delivered o f or pregnant with
illegitimate child. County board of
cou nty where mother resides or any
member of it or o f State board of con
trol m ay apply to justice or munici
pal court to inquire into circum
stances
Proceedings may be begun before or
after birth; trial only after birth.
Warrant.
Issue of annulled marriages, legitimate. Subsequent marriage of parents legiti State board of control looks after interests of
illegitimate child so that latter m ay have
mates illegitimate child.
approxim ately same advantages as legiti
mate child. T o do this, board m ay ini
tiate proceedings, cooperate w ith childaiding organizations, and when requested
to do so m ay appoint a child-welfare
board, tw o members of which shall be
women, to aid in the objects of the State
board; if there is no county welfare board,
the judge of the juvenile court m ay ap
point local agents t o cooperate w ith the
State board. If child or woman delivered
or pregnant w ith child is received in ma
ternity hospital or infants’ home, diligence
must be used to learn if child illegitimate;
if so proper report must be made to State
board. T h e records of such board are
private and facts contained therein shall
not be disclosed except upon proper order.
Abandonment statute is m ade applicable
to illegitimate as well as legitimate chil
dren. In death certificate, if person ille
gitimate. name and residence of father n ot
given without his consent unless he has
been adjudged t o be father of deceased.
(See colum n headed “ Judgment.” ) In
corporated hospital m ay be custodian o f
person of illegitimate child i f latter b o m
there or left there b y mother for purpose of
being placed in suitable hom e. In statute
governing concealment of birth and death
of illegitimate children the w ord “ bas
tard” is eliminated and “ illegitimate”
used instead.
See note 1.
See note 4.
See note 5.
M IN N E SO TA .
(For Notes 1-8 see Sheet N o. 1 of Tabular analysis.)
90956—19.
https://fraser.stlouisfed.org
Federal Reserve Bank of St. Louis
No. 2.
1 See separate table for Louisiana.
Preliminary proceedings.
Trial.
There is a hearing before j ustice. If he
finds sufficient cause, the accused is
bound over w ith surety for the trial.
Trial b y ju ry .
There is a preliminary hearing before
justice. I f he finds accused to be
the father, he is bound over to cir
cuit court for trial. I f the accused
has not been arrested or has escaped,
j ustice proceeds as if he were present.
I f justice finds against accused, a
transcript of his judgm ent is filed in
circuit court ana case docketed for
trial.
Issue is tried b y court or j ur y. W hen
transcript is filed, as described in
previous colum n, the clerk shall
issue warrant for arrest o f accused.
U pon arrest accused m ust give bond
for appearance or be com m itted.
ruviaence. com pulsion to disclose
name of father. Accusation in
travail.
B oth m other and putative father are
com petent witnesses.
Judgment can be u p to $100 for first
year after birth; u p to $50 yearly
for nine years thereafter. Bond is
conditioned on paym ent o f these
sums to the clerk o f court.
I f m other dies, her testimony, taken
in writing before justice, is admis
sible. In preliminary proceedings
the rules o f evidence are the same as
in civil cases. The m other is a com
petent witness and her testimony
shall be reduced to writing.
Issue is guilty or not guilty, and is
tried as an ordinary action.
Preliminary hearing before justice. I f
he finds accused to be the father of
child, he requires bond for his ap
pearance in county court for trial.
Committment on failure to give
bond.
Judgment. H ow and to whom paid.
Period o f paym ent. A m ount;
Trial is b y jury. Issue is guilty or not
guilty. In bastardy proceedings all
persons m ay be excluded from place
of trial except officers and those re
quired b y law to be in attendance.
If complaint b y mother, justice or
judge takes complaint in writing
under oath; issues warrant that runs
throughout State; makes proper
entries in docket. On return of war
rant accused and complainant exam
ined under oath and same is reduced
to writing. A t court’ s discretion or
onrequest ofeither party public may
be excluded. U pon finding reason
able cause t o believe defendant
guilty, latter bound over under bond
to appear before district court at
next term or upon date set; if
accused fails to give bond, sent
to jail. Justice or judge certifies
examination and returns same to
clerk of district court. I f complaint
by other than m other, justice or
judge summons mother and exam
ines her as to facts of case. In all
cases mother m ay be required to
attend hearing as a witness.
Trial is held at next term of district
court or upon date set. If com
plainant n ot delivered or can not
attend or for other good cause case
m ay be continued and this renews
bond. New bond may be required if
court deems it necessary or sureties
require it. A ll records of court pro
ceedings in illegitimacy cases are
withheld from inspection and no
copies furnished to any except par
ties in interest or upon order of court.
Effect o f death of any o f parties.
riage o f parents.
Mar
State.
The accused, i f in custody of the court,
m ust replevy the judgm ent with
good freehold security or go to jail.
A fter 12 m onths he m ay be released
for insolvency. E xecution m ay
issue on the j udgment whenever any
am ount m ay be due. Filing o f the
transcript b v the justice (see under
heading _ “ Prelim inary proceed
ings” ) gives lien upon real estate of
accused to the extent of any judg
m ent which m ay thereafter be
rendered.
The prosecuting witness, i f an adult,
m ay at any tim e dismiss the suit.
I f am inor,shem ay dismisssuit with
consent o f court i f it finds that suit
able provision has been m ade for the
maintenance o f the child. This
settlement bars all other prosecu
tions.
I f putative father dies after the exam i
nation before the justice, the action
survives against his personal repre
sentative. A s t o death o f mother,
see colum n on evidence. Her death
does not abate suit, b u t the child’s
name is substituted on record for
that o f m other and guardian ad
“ tem appointed. Death o f child
either before or after judgm ent is no
bar to the suit, b u t in either case
such reduction m ay be m ade as is
proper. A fraudulent marriage for
purpose o f escaping consequences of
bastardy act subjects father to an
action for a penalty o f at least $200
provided he fails to support or m is
treats wife.
IN D IA N A .
I f judgm ent against accused, he shall
be charged with maintenance of the
child in such sums and manner as
the court m ay direct, together with
the cost o f the action. The court
m ay increase or decrease the amount
of the judgm ent or vacate the same
upon proper notice to the accused.
Execution m ay issue at any tim e to
com pel obedience to order o f the
court. The filing o f com plaint
creates a lien on the real estate of
accused for performance o f any order
that m ay be made. I f com plaint be
verified, judge m ay order attach
m ent to issue without bond.
B ond required o f accused, in default of
giving such bond, sent to jail; but
shall not be imprisoned for more
than 1 year. Execution m ay issue
whenever any amount is due on
judgment.
If for accused, he is discharged unless a
new trial is granted. Jury decides
what sum is payable per year and for
how m any years; judge determines
how often this shall be paid and
makes such order for maintenance
and education o f child as may be
proper.
There is a preliminary hearing before
justice who decides whether accused
shall be held for trial; i f so, accused
gives recognizance for his appear
ance.
Compromise.
I f find against accused, the court shall
m ake order to secure the proper
maintenance and education of the
child. Yearly payments are to be
m ade to the m other or to some
proper person as the court specifies.
Mother m ay testify..
Trial before ju ry or court as “ in other
criminal cases.”
Lien.
IL L IN O IS .
Jury trial.
accused.
Justice requires bon d from accused to
secure appearance at trial. Justice
takes testim ony o f mother under
oath and cross examination by ac
cused.
Security.
Marriage o f parents or death o f child
makes the bond void.
I f finding is against accused, the court
makes an order for support and
maintenance o f child b y payment of
so m uch per year to the mother, or,
if she be dead, to such proper person
as the court directs. The amount
and tim e of paym ent are in discre
tion of court.
Complainant m ust file declaration al
leging birth o f child begotten b y ac
cused, tim e and place, accusation
during travail, and constancy in
such accusation. Trial b y jury.
Enforcement.
Can compromise b y paying m other
$400, qr less than that w ith consent
of county judge.
I f m other dies before final judgm ent,
her testim ony before justice is admis
sible in evidence.
Justice requires bond to secure appear
ance at trial; foiling this accused is
imprisoned.
Provisions in judgm ent as to name
and status.
B ond is given and on default action is
on bond against surety and princi
pal. Commitment for failure to
give bond; discharge for Insolvency.
Issue is tried b y court or jury. Gov
erned b y rules o f civil actions.
Can proceed in absence of
Period of support.
10 years.
As ju ry determines.
IO W A .
Prosecuting witness m ay dismiss suit
at any time. This bars all other
prosecution for same cause.
Death o f mother does not abate pro
ceedings if child is living. In such
case guardian is appointed and suit
continued in name o f child. I f fa
ther dies after preliminary examina
tion, the right o f action survives
against personal representatives. II
child dies after judgm ent, court
makes proper adjustment in amount
to be paid.
Accused shall give bond to secure his
carrying out judgm ent; on failure he
is jailed; m ay be discharged for in
solvency.
K AN SAS.
KENTUCKY.
L O U IS IA N A .1
If for accused, he is discharged; if guil
ty , he is ordered to stand charged
with maintenance (w ith mother’s
assistance) as court m ay determine;
also w ith expenses of birth and costs
to date o f judgment.
Transcript of mother’s testimony tak
en before justice is admissible at
trial if the mother dies before that
time. Mother must disclose name
o f father to justice or give bond to
indemnify county until child is 12.
A t trial examination taken before
officer at preliminary hearing read
to jury if defendant so demands.
A t preliminary proceeding or at
trial physician m ay testify as to
dat9 of pregnancy o f patient with
out her consent and shall testify
when called as a witness.
I f guilty, accused must give bond of
$500 to mother or person in charge of
child to secure paym ent up to $15
per m onth as the court m ay decide.
Mother m ay be required to indem
nify county and to give bond. On
failure to give these bonds, mother
m ay be imprisoned for one year and
father for tw o years.
Accused must give bond or be commit
ted. May after 180 days be dis
charged as a poor debtor, though the
mother and tow n m ay sue on judg
ment at any tim e thereafter. War
rant issued b y municipal or police
court official or justice for offense in
his county under laws for mainte
nance of bastards m ay beexeeutedby
any constable o f any tow n therein;
if defendant has gone out of county,
constable m ay pursue and arrest
him in any county.
12 years.
N o woman who has made complaint
m ay compromise if that is objected
t o m writing b y the overseers of poor
o f town.
See column entitled “ Judgment” . .
The court m ay dismiss the suit if pro
vision has been made for mainte
nance of child or court is convinced
that accused is n ot father or if the
mother and father have married. If
accused is adjudged to be the father
before birth, case is continued until
birth; defendant then ordered to
pay expenses o f confinement to
mother or to probation officer. In
addition, before birth court may
make such orders for care of child as
it deems best. These orders may
be revised at any time.
T o enforce orders as to expenses o f con
finement, defendant m ay be com
m itted for n ot more than tw o
months. Defendant m ay be put on
probation and sentence suspended
on condition of making periodical
payments for term not exceeding
tw o years. Upon violation o f the
order the suspended sentence m ay
be enforced.
If accused is guilty, he is charged
with maintenance of child with
assistance of mother in such manner
as court m ay direct.
Bond is given to the superintendent
of poor of county. On failure to
give bond accused’ is imprisoned.
After six months m ay be released as
poor debtor, but continued liable.
Superintendents o f poor m ay compromise with father, freeing him from
future liability.
I f defendant fails to pay amount of
m oney judgment at once or within
time fixed b y court .committed to jail
unless proper bona has been given.
He m ay be discharged from jail after
90 days’ confinement upon proper
petition to court and notice to
cou n ty attorney and hearing b y
court, if it is determined b y court
that defendant can not pay. If
defendant adjudged father o f child,
niother o f child m ay recover o f him
in civil suit all necessary expenses in
curred b y her in confinement and
for suitable maintenance for not
more than eight weeks prior to and
eight weeks after confinement; also
for expenses o f burial of child if
latter stillborn or has diod soon
after birth.
County board before or after judgm ent
m ay make such settlement w ith
putative father o f illegitimate child
as they deem just for expenses for
which county could get judgment,
otate board o f control or guardian o f
person o f illegitimate m ay accept
from adjudgedfether of such child a
sum, approved b y court, in full set
tlement of obligation for care, main
tenance, and education o f child.
B y this father is discharged from all
further liability, civ il or criminal,
except right o f mother to collect for
expenses.
If accused found guilty or admits truth
of accusation, adjudged to be father
of child. Money Judgment also
entered against defendant for all
expenses incurred b y county; for
lying-in and support of mother and
for care and support of child prior to
tim e of judgment and for costs of
prosecution. The judgment that
defendant is father of child is re
ported b y clerk of court to State
registrar, who makes record of same
in connection w ith child’s birth
record and death record, if any;
clerk also reports any vacation of
such judgment. N o official is
allowed to disclose fact of legitimacy
except upon proper order of court,
and fact of illegitimacy shall not be
disclosed in certified cop y of birth
and death record unless so ordered.
If defendant is adjudged father of
child, he is thenceforth subject to all
obligations for care, maintenance,
and education of such child and to
all penalties for failure to perform
same which are imposed b y law on
father of legitimate child of like age
and capacity.
After death o f mother her executor or
administrator m ay prosecute to final
judgm ent. On death o f child after
judgm ent court m ay make appropri
ate reduction in amount due.
M A IN E .
On death o f father, paym ent m ay b
made out of his estate b y the judge
in n o case more than $500 and no
more than one-half the share of legiti
mate child if father had died intes
tate.
M ARYLAND.
Justice m ay dismiss complaint where
mother and accused have married.
M ASSACH U SETTS.
M IC H IG A N .
M IN N ESO TA .
https://fraser.stlouisfed.org
Federal Reserve Bank of St. Louis
Tabular analysis o f American Illegitimacy Laws— Continued.
V oid marriages and divorce.
Legitimation b y marriage of mother
and father.
Miscellaneous status provisions.
Child and mother.
Child and father.
M IS SIS SIP P I.
Children of marriages void because of
previous marriage, illegitimate.
Subsequent marriage of parents with
acknowledgment b y father, legiti
mates illegitimate child.
There is no birth registration. Provisions of
death b y wrongful act statute apply in fa
vor of mother of illegitimate child in case
of wrongful death of latter and in favor of
illegitimate child in case of wrongful death
of mother.
Inherits from mother and her kindred unless
there be legitimate heirs of the same de
gree. A s to inheritance from illegitimates,
see text of law.
Subsequent marriage of parents and ac
knowledgment b y father renders illegiti
mate child capable of inheriting as if
bom in lawful wedlock. •Court of equity
has jurisdiction of petition b y person to
make legitimate his offspring not b o m in
lawful wedlock and court m ay decree
them to be heirs of petitioner.
M IS S O U R I1.
Issue of annulled marriages legitimate.
Divorce does not affect legitimacy of
children of marriage.
Subsequent marriage of parents and
recognition b y father legitimates;
upon such marriage, parents m ay
give name of such children and offi
cer must record them with certificate
of marriage.
See note 3............................................................ .
See note 5.
See note
See notes.
Abandonment statute applies to child
“ legitimatized b y lawful wedlock.”
Illegitimate child inherits from mother, also
through her, and transmits inheritance to
her. Mother is natural guardian of illegiti
mate child, entitled to its earnings, and to
extent of these must support child.
Subsequent marriage of parents and recog
nition b y father legitimates.
State.
Presumption of legitimacy.
Jurisdiction. Civil or
criminal. Designa
tion.
Courts and locality of jurisdiction.
W ho m ay make complaint.
Justice court for preliminaries; circuit
court of county for trial. Complaint
proper either where mother or father
resides or where child is b om .
A n y single woman and where cMld is
apt to become a charge, the board of
supervisors. If mother dies before
starting suit it may be brought in
name of bastard before he reaches 5
years.
Time of com plaint and trial.
tation.
Process.
Lim i
Complaint m ay be before or after birth;
trial on ly after birth. I f mother
makes complaint, it must be within
12 months from birth; if supervisors
d o so, it must be within 1 year after
child has become a charge and not
after it is 10 years old.
W arrant.
A ll children b o m in wedlock pre
sumed legitimate; children of wom an
who has been married, b o m within
10 monttis after dissolution of mar
riage, presumed legitimate; if di
vorce ¿-anted for adultery o f wife,
children begotten before action is be
gun presumed legitimate; presump
tion of legitim acy can be disputed
only b y husband or wife or their de
scendants.
Issue of all marriages null in law, legiti
mate. If divorce be p a n te d for adul
tery of husband, legitim acy o f chil
dren begotten before action begun,
legitimate; if divorce is for adultery
of wife, legitim acy o f children begot
ten before act of adultery,legitímate;
legitim acy of other children decided
b y evidence of case.
Subsequent marriage of parents legiti
mates.
See note 1............................................................
See note 3.
See note 6.
“ Child ” in workmen’s compensation statute
includes illegitimate child legitimized prior
t o the injury. Mother m ay appoint a
guardian for her illegitimate child. Par
ent entitled t o custody of child must sup
port him .
Mother of illegitimate child is entitled to its
custody, services, and earnings. Illegiti
mate child inherits from m other and she
from him ; he does n ot inherit b y represen
tation of his mother unless child has been
legitimated b y the marriage o f his parents.
Father legitimates illegitimate child b y
publicly acknowledging it or receiving it
into Ms family; if father has so acknowl
edged the cM ld in writing the child in
herits from the father.
Entire proceedings are in district court
of county where mother resides.
A n y person pregnant with or delivered
of bastard.
Proceedings m ay be started before or
after birth.
Notice as in ordinary
actions.
NEBRASKA.
A ll children begotten before suit is
com m enced for divorce account of
adultery o f wife, presumed legiti
mate.
Issue of marriages void account o f non
age, insanity, id iocy, and vo id be
cause of previous marriage, b u t this
contracted in good faith are legiti
mate as to one capable o f contracting.
Issue of incestuous marriages, or of
marriages between whites, an d ne
groes, illegitimate . Divorce for adul
tery of wife does not affect legiti
m acy of issue of marriage, b u t if le
gitim acy is questioned, it is decided
on the proofs of the case.
Subsequent marriage o f parents, ac
knowledgment b y fether and hav
ing other issue legitimates illegiti
mate. A ll of these must concur.
See n o t e l ............................................................
See note 3.
See note &
Abandonment statute applies expressly t o il
legitimate as. well as legitimate children.
Illegitimate child is considered heir of mother
but does not represent m other or father in
matter of inheritance unless before the
death of the child the parents marry, have
other children, and father acknowledges
child. If illegitimate child dies intestate,
without lawful issue, his estate descends
to his mother, and in case iff her decease, to
her heirs at law.
Illegitimate child is heir of father if latter
acknowledges him in writing in presence
of witnesses b ut child can not represent
either father or mother in matter of in
heritance unless before Ms death parents
merry, have other children, and father
acknowledges illegitimate. Subsequent
marriage ofparents, acknowledgment b y
father, and having other issue, legiti
mates illegitimate; all of these must con
cur.
Complaint m ay be made to any justice
in State; district court for trial.
A n y unmarried woman pregnant with
or delivered of bastard. County
commissioners may make complaint
when security is not given to indem
nify cou nty and the mother does not
act.
Complaint m ay be before or after birth;
trial only after birth.
W arrant.
NEVADA.
Children o f all annulled marriages; are
legitimate.
Subsequent marriage o f parents legiti
mates.
See note 1______________________ ____ _____ ;
See note 3.
Under workmen’s compensation statute
children conclusively presumed to be
dependent include natural, posthumous,
or adopted children, whether “ legitimate
or illegitimate.” Parent o f illegitimate
child w ho neglects it Is guilty o f a misde
meanor.
Illegitimate child is always heir o f mother.
Property ofillegitim ate child n o t acknowl
edged if child dies intestate, b u t passes to
his mother, and in case o f ner decease to
her heirs at law. Mother has custody o f
the illegitimate child.
Father b y publicly acknowledging illegiti
mate enild as own, or receiving it into Ms
family, his wife consenting, if he be mar
ried, or otherwise treating it as legiti
mate, adopts child as such; the acknowl
edgment b y father must be in writing,
signed i n presence of one credible wit
ness; child so acknowledged is heir of
father.
N E W H A M P S H IR E .
Children o f incestuous marriages ille
gitimate. Decree o f d ivorce does
not affect legitim acy o f child born
or begotten in lawful wedlock unless
it be so expressed in th e decree.
Subsequent marriage o f parents legiti
mates illegitimate child.
Birth certificate has n o statement as to legiti
m acy.
See note 7.
See note 5.
Abandonm ent statute expressly includes
illegitimate child.
See n o t e l.
In addition m other of illegitimate under 3, if
she be o f good character, m ay b y writing
surrender her child t o State board o f chari
ties, w ith its consent; this operates as a
consent t o a n y adoption subsequently
approved b y said board.
Illegitimate child inherits from m other and
through her; he also transmits his inherit
ance to her. W hen mother o f illegitimate
child dies, legitimate and illegitimate chil
dren inherit equally. Legitimation b y
subsequent marriage o f parents causes
illegitimate to inherit as if born legitimate.
Subsequent marriage of parents causes
illegitimate to inherit as if b o m legiti
mate.
W here the act was com m itted or where
m other resides. Justice court for
preliminaries, supreme court of
county for trial, or where father
resides. I f person charged in war
rant o f justice escapes from county,
sheriff or deputy m ay pursue him
and take M m in any county and
carry him before some justice of
latter county for trial.
A n y wom an pregnant with or deliv
ered of bastard; orjif she neglects to,
selectmen o f tow n or county com
missioners m ay do*so.
NEW JERSEY.
Issue o f marriage annulled because o f
revious marriage
illegitimate.
»ivorce affects legitimacy o f issue
o f marriage only when divorce is
because o f previous marriage.
Subsequent marriage o f parents and
recognition of child legitimates ille
gitimate child.
See note 7____________ ________ ___________ _
Under workmen’s compensation statute
‘ ‘ dépendrait ” children include illegitimate
children if th e y are part o f deceased’s
household at tim e o f his death.
See note 5.
Mother o f illegitimate child h t s exclusive
right to its custody and control; i f she be
unfit, child m ay be com m itted to care of
an institution. If mother o f illegitimate
child dies and leaves no lawful issue, sur
plusage o f goods paid to illegitimate child;
if illegitimate child dies intestate and
leaves no heirs, real proparty goes to
mother; if she b e dead, property goes to
her heirs at law; if mother has n o heirs at
law but has illegitimate children, prop
erty goes to them . If parents o f illegiti
m ate child m arry and child is thus legiti
mated, and later surviving spouse dies
intestate, leaving no legitimate children,
property passes to illegitimate child.
Subsequent marriage o f parents and recog
nition o f cM ld legitimates. (See preced
ing colum n.) If person is arrested on
. criminal charge involving bastardy and
consents to marry the woman, such mar
riage m ay take place at once upon get
ting proper license.
A t dom icile o f mother or where she
m ay be. A n y com m itting officer
has jurisdiction.
Overseers o f poor o f township; or, if Complaint m ay be made and trial had
before or after birth.
child beinm ate of public institution,
an officer o f that! institution m ay
complain. The acjtion shall then be
for relief o f institution.
Issue of all void marriages is legitimate. Subsequent marriage of parents legiti
mates illegitimate child.
See note 1..............................................................
See note 6.
Under workm en’s compensation statute
“ child” includes acknowledged illegiti
m ate child. Birth registration requires no
statement as to legitimacy. Probate court
has power to appoint guardian for illegiti
mate child.
Illegitimate child inherits from the mother
and transmits inheritance to her. In case
father ofillegitim ate recognizes child as his,
and recognition is m utual, father m ay in
herit from illegitimate, b u t m other and her
heirs take precedence over father and his
heirs.
I f father of illegitimate openly acknowl
edges child as Ms, latter inherits from
father; if this recognition is m utual, father
may inherit from illegitimate child, but
mother and her heirs take precedence
over father and Ms heirs. I f acknowl
edgment b y father be in writing, it must
be signed in presence of tw o competent
witnesses.
Marriage of parents legitimates illegiti
mate child and latter then inherits,
except no estate vested before mar
riage shall be affected b y reason of
the legitimation.
See note 3..............................................................
See note 5.
See note 6.
Under workmen’s compensation statute
“ child” includes acknowledged illegiti
m ate child dependent on deceased. Guar
dianship o f indigent child m ay be granted
to asylum upon consent signed b y mother.
In case of adoption o f illegitimate child
consent of mother necessary unless she be
unfit or judge thinks child’s interest de
mands its adoption without such consent
or for any reason consent can not be ob
tained. Fact of illegitim acy shall in no
case appear upon record of adoption made
b y the judge. B y decision it is held that
“ parent” does not include the putative
father of illegitimate child as far as aban
donment statute is concerned. Official
overseer of poor who in neglect of duty fails
to provide for illegitimate or its mother,
guilty of misdemeanor.
Illegitimate child inherits from mother when
she leaves no legitimate children, and
transmits in h e r it a n c e to his mother.
Mother inherits from illegitimate child if
he dies w ithout issue (lawful) or illegiti
mate issue entitled to inherit; if illegiti
mate leaves no child or spouse, his mother
takes all property and is entitled to letters
of administration; if m other be dead, rela
tives of illegitimate on mother’ s side in
herit. Mother and father are liable for
support of their illegitimate children.
Marriage of parents legitimates and cMld
then inherits, except no estate vested be
fore marriage shall be affected b y reason
of the legitimation. Father and mother
are liable for the support of their illegiti
mate cMldren.
Application shall be made to justice of
peace or police justice or magistrate
of the county where the woman is
and to wM ch the cM ld is chargeable.
Court of sessions of county in case of
appeal.
W oman or poor officer.
Tim e of application before or after
birth.
W arrant.
Illegitimate child is legitimated b y
marriage of mother and reputed
father.
Birth registration contains statement as to
legitimacy but nothing shall be stated on
certificate which reveals identity of either
parent when he is stated to t;e illegitimate.
Illegitimate child m ay be bound b y m oth
er as apprentice; this power ceases upon her
subsequent marriage.
See note 7.
See note 8.
Illegitimate child inherits from his mother,
except he shall not take land left the m oth
er b y the father of her legitimate children.
Illegitimate does not inherit through the
mother. Illegitimate children of same
mother shall be legitimate as between
themselves. I f illegitimate child dies
without issue, his mother and all such per
sons as w ould b9 his next of kin if all such
children had been b o m in lawful wedlock
inherit.
Illegitimate cM ld m ay be legitimated b y
decree of court upon petition of father.
Child so legitimated inherits as if legiti
mate and upon death o f such child Ms
property passes according to statute of
descents among those w h o w ould be Ms
heirs if he had been born in lawful wed
lock.
County where m other resides. Justice
has com plete jurisdiction though
either party m ay appeal to superior
court of county.
A ny woman pregnant with or deliv
ered of bastard, or county commis
sioners (if mother be single), on affi
davit that cM ld may become a
charge.
A ction m ay be started before birth,
b u t the justice, if he deems proper,
m ay postpone the trial until birth.
A ction m ust be witbin three years
after birth.
W arrant,
N E W M E X IC O -.
NEW YO RK .
N o judgm ent of divorce renders chil
dren in esse or those begotten of wife
during coverture illegitimate. N o
marriage declared void if one party
has died and there has been issue ex
cept marriages between whites and
negroes or between whites and
Indians.
N O R T H C A R O L IN A .
(F or Notes 1-8 see Sheet N o. 1 of Tabular analysis.)
90956—19.
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Federal Reserve Bank of St. Louis
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Justice has a preliminary hearing and
if he decides that there is probable
cause, then accused is bound over for
trial. If he decides for accused, the
mother m ay appeal to circuit court.
Persons other than parties, wit
nesses. and officers m ay be excluded
from the hearing.
Trial.
Trial before ju r y .
Evidence. Compulsion to disclose
name of father. Accusation in
travail.
If mother is dead, her testimony before
justice is read at the trial and her
statements during travail, if dying
declarations, are admissible.
Judgment. H ow and to whom paid.
Period of payment. Am ount.
If finding is against accused, ju ry may
assess such damages as it thinks
proper to the mother, or to the cMld
if she be dead, payable annually or
otherwise for a period not longer than
18 years.
Period of support.
18 years.
Provisions in judgm ent as to name
and status.
Enforcement.
Security.
Lien.
Compromise.
B ond must be given to secure fulfill
ment of judgm ent; on failure to give
b on d , imprisonment,A fter six
months m ay be released on such
terms as judge prescribes. The
judgm ent m ay at any time be en
forced b y execution on the bond.
Effect of death of any of parties.
riage of parents.
Mar
After death of father proceedings m ay
continue against Ms personal repre
sentative. Subsequent marriage of
the parents cancels bond given for
support. I f child dies before prose
cution but mother is still living, pro
ceedings m ay continue and judgm ent
m ay be rendered for amount deemed
just. B ond is canceled if both moth
er and child die. I f mother dies after
complaint, suit does not abate but
contmues in name of cMld.
State.
M ISSISSIPPI.
M ISSO U R I.1
M ONTANA.
S
Preliminary proceedings.
Issue is tried as an ordinary action and
question is, guilty or not guilty.
Justice examines complainant under
oath, the accused having right to
cross-examine her. He takes recog
nizance of accused for Ms appearance
before district court.
Trial is b y jury. County m ay prose
cute if mother fails to d o so.
Begetting o f illegiti
m ate child is a m is
demeanor.
Before or after birth for com plaint if
m ade b y mother; if made b y officials,
it must be within one year after
eMld’s birth.
W arrant.
Justice takes recognizance w ith secu
rity for appearance before trial court.
Trial b y court unless either party asks
for jury. Selectmen or commis
sioners m ay prosecute if mother
abandons suit. Issue is chargeable
or not chargeable.
W arrant.
Mother is examined under oath and
m ay be compelled to disclose name
of father; refusal to d o so is con
tem pt and she m ay be sent to jail.
Magistrate then issues warrant for
father.
Upon appearance o f accused before
the magistrate he m ay demand jury
trial b y paying ju ry costs. Either
party m ay appeal from decision in
magistrate’s court and a jury m ay
be demanded in court above b y
either party.
If found guilty, accused is charged with
maintenance of child in such sum as
court directs and with cost of suit.
The court m ay at any time amend
judgment on such notice to defend
ant as court m ay prescribe.
Execution m ay issue at any time to
com pel compliance with order of
court and accused m ay be sent to
jail for failure to com ply. Filing of
complaint fixes lien on any real
property of accused in the county
where the action is pending.
Testim ony before justice is admissible
here. Mother is a competent wit
ness unless ineligible for conviction
for crime. A n y confession of hers
made at any time shall be admissible
when it does not agree with her tes
tim ony.
If guilty, accused shall be adjudged the
father of child and charged with its
maintenance in such sums as court
shall order.
Accused must furnish security for ful
fillment of judgment or go to jail un
til he does furnish it.
Accused and complainant m ay settle
case before justice if accused gives
bond to county commissioners to se
cure them from expense; justice m ay
then discharge accused.
N EBRASKA.
Paternity o f child m ay be established
b y m utual agreement o f father and
mother or b y confession o f father, if
not denied b y mother, or b y proof
before court in such manner as court
determines. Mother m ay testify
and m ay be com pelled to testify.
Court m ay adjudge father liable for
the maintenance of cMld.
Refusal to com p ly with the judgment
shall be contem pt of court.
No complaint m ay be settled b y the
agreement of father and mother.
NEVADA.
If found chargeable, court shall order
payment o f such sums as it deems
reasonable to the mother or to select
m en liable for maintenance o f child.
B oth mother and father m ay be
required to indem nify tow n or
county.
On failure to obey order accused m ay
be imprisoned; m ay be discharged
on such terms as the court thinks
proper for inability to pay.
If judgment is for accused on appeal,
he is discharged and bond is can
celed. If judgm ent is against
accused, order o f the magistrate
shall be examined and m ay be
amended. Court m ay then assess
proper costs and expenses and
specify the amount to be paid for
the support o f the child. Sum m ay
be paid weekly or otherwise. A c
cused shall p ay costs o f confinement
if mother be indigent. I f no appeal,
the order o f the magistrate made in
the form above stands.
Accused must give bond or be com
m itted. A ction m ay be brought
against signers o f bond to enforce
the award. These proceedings m ay
be brought b y the county prosecutor
or attorney o f townsMp in which
proceedings
were first
begun.
M oney so collected on bond shall be
used t o reimburse the cou nty or
townsM p or for expenses arising
from confinement o f mother. A c
cused m ay be discharged from jail
for insolvency. On desertion o f
child b y m other or putative father
their goods m a y be seized and sold
or leased, the proceeds going to sup
port o f child. B ond shall be re
corded and canceled upon fulfill
ment o f conditions.
Mother m ay be com pelled to disclose
name o f father before magistrate or
sent to jail. I f on appeal mother
has died or is insane or out o f State,
testimony given b y her before mag
istrate is admissible.'
M O N TA N A .
N E W H A M P S H IR E .
Death o f mother does not abate the
action.
N EW JERSEY.
N E W M E XIC O .1
iN o bastardy support statute.
If accused gives no security to appear
before court of sessions of county he
is brought before magistrate who as
sociates with Mmself another magis
trate and inquires into charge, ex
amining witness on oath in pres
ence of defendant and hears any tes
tim ony. A n appeal lies from order
of magistrate to court of sessions.
On appeal the party in whose favor the
order was made below m ust support
tMs order b y evidence.
The magistrate m ay compel the
woman to disclose name of father.
If she refuses, she shall be com m it
ted upon her recovery from confine
ment.
Judgment speeifies sum to be paid
weekly or otherwise for support of
bastard. I f mother is indigent,
father shall be ordered to p ay for her
support and expenses of confine
ment. A similar order m ay be made
against a mother w ho has property.
These orders m ay be confirmed b y
the court of sessions. Am ount m ay
be reduced b y the magistrates or
reduced or increased on application
of officers and notice to the father or
mother b y the court of sessions.
B oth father and mother m ust give
security w ith sufficient sureties to
fulfill the orders o f the magistrate or
the court o f sessions. On failure to
d o so they m ay be committed.
T hey m ay be discharged from im
prisonment for inability to pay.
The p oor officers prosecute if the
security is forfeited or they m ay sue
upon the order. I f parent absconds,
the poor officer m ay be authorized
b y two magistrates to take the real or
personal property.
If an appeal be taken to superior court,
trial shall be there b y jury.
Mother m ust disclose name of father on
oath or give security for maintenance
of cMld or be jailed. Testim ony of
mother before the justice shall be
“ presumptive evidence against the
accused.’ ’
I f judgm ent is against accused, pay
ment m ay be ordered of a fine up
to $10 and a sum not exceeding $50
to the m other and he shall stand
charged with maintenance of the
cM ld as the court m ay order. If
judgm ent is for accused, mother
m ay be forced to give bond for main
tenance and fined $5.
Accused shall give bond to the county
to indem nify i t . He m ay be impris
oned for failure to d o so, b u t will be
discharged for insolvency. I f de
fendant disobeys judgm ent or can
not be found, execution m ay issue
against Ms goods and property. De
fendant m ay bind himself out as
apprentice, the price being paid to
county treasurer.
The poor officers m ay compromise
with the father, and he is thereupon
discharged from all liability. The
m other on giving security to indem
nify the county m ay receive the sum
paid b y the man on the compromise.
I f she is unable to give security and
willing to care for her child, she
shall be paid the weekly sum out of
the amount paid b y the father for
wM ch he would have been liable on
the order of filiation.
The prosecution is dismissed if cM ld is
born dead.
NEW YO RK .
N O R T H C A R O L IN A .
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Tabular analysis o f American Illegitimacy Laws— Continued
NORTH DAKO TA.
Miscellaneous status provisions.
Child and mother.
Child and father.
Children o f annulled marriages be
gotten before judgm ent, legitimate.
Children o f all marriages null in law
or dissolved b y divorce, legitimate.
I f divorce b e granted for adultery of
husband, children begotten before
suit begun are legitimate; i f divorce
granted for adultery o f wife, legiti
m acy of children begotten before
doing of act not affected; legitimacy
of other children determined b y evi
dence o f case.
Marriage of parents o f illegitimate
child and acknowledgment b y the
father legitimates.
See note 1..............................................................
See note 3.
See note 5.
See note 6.
See note 7.
Mother of illegitimate child m ay appoint
guardian for it. Boarding houses for
children include places where illegitimate
children are received. Every child declared
legitimate child o f natural parents and is
entitled to support and education as i f born
in lawful wedlock. (A ct o f 1917.) Neces
sary expenses o f m other o f illegitimate
child under care o f m aternity hospital, if
not paid in four m onths after confine
m ent, charged to cou nty o f m other’s legal
residence. I f such child becomes public
charge, taken to cou nty o f m other’s legal
residence; i f legal settlement o f child or
m other can not b e established, child
becomes ward o f cou nty where b o m . If
indigent m other o f illegitimate has come
from another State and remained in State
during confinement, she and child m ay be
returned to other State as soon as practi
cable.
Illegitimate child inherits from natural
parents and from their kindred, lineal and
collateral; this applies to cases where
natural father is married to another than
the mother o f illegitimate child. In the
latter case illegitimate child can not dwell
with father i f he be married to another
than the mother. I f illegitimate child not
acknowledged b y father dies intestate
without lawful issue, his estate goes to
mother; in case o f her death, goes to her
heirs at law.
Issue o f void marriages, legitimate.
Divorce has n o effect on legitimacy
o f children of parties t o marriage.
Subsequent marriage o f parents with
acknowledgment b y father legiti
mates illegitimate child.
See note 4 . . . ...................................................... .
Abandonment statute applies expressly to
illegitimate as well as legitimate children.
Issue of all marriages null in law, legiti
mate. Marriages at forbidden ages
m ay he authorized b y court to settle
bastardy suits unless such marriage
would be incestuous.
Subsequent marriage o f illegitimate
child’s parents makes child legiti
m ate.
V oid marriages and divorce.
A ll children b o m in wedlock indisutably presumed legitimate, unless
usbancL be im potent. In case of
divorce for wife’s adultery, children
presumed legitimate until contrary
shown; children o f wom an w ho has
been married b o m within 10 months
after dissolution o f marriage pre
sumed legitimate children o f that
marriage. Presum ption o f legiti
m acy can be disputed only b y hus
band or wife or descendants o f one
or both of them.
E
O H IO .
•OKLAHOM A.
Legitimation b y marriage of mother
and father.
Presumption of legitimacy.
State.
A ll children born in wedlock pre
sumed legitimate. A ll children of
wom an w ho has been married born
within 10 m onths after dissolution
of same presumed legitimate chil
dren of that marriage. Legitimacy
can be disputed only b y husband
or wife or descendants of one or both
of them.
Issue of wife cohabitating w ith her
husband who is not im potent con
clusively presumed legitimate; issue
b o m in lawful wedlock, there being
no divorce from bed and board, pre
sumed legitimate. This is disput
able.
OREGON.
Children born during coverture of wife
guilty of adultery, legitimate. Issue
of certain marriages that were for
m erly forbidden because incestuous
made legitimate in so far as incest
is due to affinity and not to con
sanguinity.
PE N N SYLV A N IA .
Jurisdiction. Civil or
criminal. Designa
tion.
Under act of 1917 m other not a com
petent witness at trial in action to
establish paternity i f reputed father
be dead.
if judgm ent is against accused, then
court shallm akesuch order tosecure
the maintenance o f child with the
help o f the mother, as the judge
deems necessary.
Before or after birth.
W arrant.
Justice shall examine complainant
under oath in presence o f accused,
who m ay cross-examine. Proceed
ings shall be reduced t o writing.
Justice binds accused over under
bond to court of com m on pleas. Im
prisoned on failure to give bond.
Trial is b y ju ry . For proceedings in
case o f absence o f accused, see col
u m n headed “ Enforcement.”
The testimony given before ustice is
admissible in evidence.
Proceedings m ay be started before or
after birth.
W arrant.
Illegitimate child inherits from and through
its mother and transmits inheritance to
her.
Subsequent marriage of parents of illegiti
mate child and acknowledgment by
father legitimates such child.
Justice o f peace for preliminaries,
court of com m on pleas for trial.
Unmarried woman. I f she fails to do
so, proper officers o f town or county
interested in support o f child or the
director of county infirmary, i f the
m other becomes a charge therein,
m ay make complaint, or they m ay
finish suit already begun if mother
fails to do so.
See note 1...................... ......................................
See note 3.
See note 5.
See note 7.
Guardian of person or estate o f illegiti
m ate child m ay be appointed b y will or
deed of its mother. Parent entitled to
custody of illegitimate child must support
and educate it.
Mother of illegitimate child is entitled to its
custody, service, and earnings. Illegiti
m ate child inherits from mother and transm itsinheritancetoher. Hlegitimatechild
does not inherit as representing his parents
unless they have intermarried and the
father has acknowledged the child. I f
illegitimate child dies intestate without
lawful issue not having been acknowl
edged or adopted b y his father, his estate
goes to his mother, and in case of her
decease to her heirs.
Adoption into fam ily o f father legitimates
illegitimate child. I f father acknowl
edges illegitimate child in writing, same
becomes his heir.
A ction shall be brought where mother
resides. County court has jurisdic
tion of entire proceedings.
A n y person may m ake the complaint.
Board of county commissioners are
required to bring proceedings in case
the bastard or m other is liable to
became a charge.
Marriage of parents legitimates illegit im ate child.
See note 1.............................................................
See note 3.
See note 5.
U nder workmen’s compensation statute
“ ch ild” includes illegitimate child legiti
mated prior to injury.
Illegitimate child inherits from the mother
and transmits inheritance to her, but does
not inherit as representing her. I f parents
cohabit as man and wife, child is not ille
gitimate so far as inheritance is concerned.
It is a misdemeanor for a man to fail to sup
port child b o m while he lived with its
mother unless he affirmatively shows it
is not his child. Child adjudged issue
of father within three years after birth
and while father is alive has same right
to inherit from father as it always had to
inherit from mother.
Justice for preliminary hearing; cir
cuit court for trial.
A n y unmarried female delivered of or
pregnant with bastard. I f child
likely to become public charge, any
public officer m ay cause m other to
b e brought before justice and war
rant m ay then issue.
Subsequent marriage
legitima'#.
See note 3..............................................................
See note 5.
See note 7.
Illegitimate child bears name of mother.
Failure of any parent to support illegiti
mate child, misdemeanor. Law applies
whether child b o m or begotten in or out of
State. Proceedings m ay be begun upon
complaint made under oath b y parent of
such child.
Illegitimate child inherits from mother and
from grandmother and grandfather on
mother’s side; i llegitimate child also trans
m its inheritance to same persons just as if
legitimate. These provisions apply also
in favor o f the children of illegitimate.
Illegitimate child deemed brother or sister
of every other ch ild o f m other, legitimate
or illegitimate. Mother o f illegitimate
child and her heirs and her illegitimate
child and his heirs enjoy all rights and
privileges to each other as if child b o m in
lawful wedlock. If unmarried woman has
child, she m ay b e convicted of fornication.
Subsequent marriage o f parents legitimates illegitimate child. I f father of
illegitimate child neglects to com ply
with orders o f court in fornication or
bastardy proceedings or in any other
proceedings for support of child or
mother’s expenses at childbirth, he m ay
be imprisoned.
W a r r a n t , runs
throughout State.
Issue is guilty or not guilty. Court
tries case unless accused demands
ju ry . I f ju ry is demanded, case is
set for trial at next term and defend
ant released on bond. A ppeal m ay
be taken as in other actions.
I f accused appears or is in custody,
com plainant is examined under
oath. Accused m ay cross-examine;
also other witnesses. A c c u s e d
discharged on paying or securing
amount satisfactory to mother and
approved b y judge of juvenile court
and on giving bond t o indemnify
county; otherwise bond for appear
ance or com m itm ent to jail; dis
charge for lack of evidence do^s not
preclude further proceedings.
Issue is guilty or not guilty. Trial b y
ju ry if accused asks it and he has
right of appeal. I f m other ofillegiti
mate child fails to prosecute after
commencing suit, any public officer
or person interested in support of
child m ay prosecute suit to judg
ment.
I f child begotten outside Pennsyl
vania ana b o m in Pennsylvania,
jurisdiction is in cou nty of birth, no
fine b u t order for support; begotten
in Pennsylvania, b o m outside, juris
diction is in cou nty of conception,
solely to levy fine; begotten in one
county o f State, b o m in another,
jurisdiction in county of birth , both
fine and support. Prosecution, in
county where begotten for fornica
tion w ill bar bastardy prosecution
in county of birth. W here child
neither begotten nor b o m in Penn
sylvania, no jurisdiction at all.
Period of support.
Provisions in judgm ent as to name
and status.
Enforcement.
Security.
Lien.
Compromise.
Accused m ust give bond to carry out
judgm ent and shall be imprisoned
on failure to do so. He m ay be dis
charged for insolvency. Orders of
the court m ay be enforced b y action
on the bond and the arrest of defend
ant m ay be directed.
Accused m ay be released from liability
when the mother, with the approval
of county commissioners, accepts a
sum in satisfaction and bond is given
to indemnify the county from all
expense, including that o f lying-in.
If judgm ent is against accused, he shall
b e adjudged the father o f the child
and stands charged with its main
tenance as the court shall order, and
also with the costs of the suit.
W here accused can not be found, the
transcript of the record beforejustice
shall be filed before clerk of county
court, with affidavit b y com plain
ant setting out the facts, and clerk
of court shall issue an order o f at
tachment. Under this order prop
erty not to exceed $1,000 m ay be
seized. U pon return o f the order
service m ay be had b y publication
for six weeks. I f the accused then
be adjudged the father and does not
pay the judgm ent, a requisite
amount o f his property shall be sold.
Accused m ust give security to per
form order of court; on failure to do
so m ay be sent to jail, b u t m ay be
discharged after three m onths as an
insolvent b y notice to complainant.
A compromise m ay be m ade in pres
ence of justice or court where com
plainant agrees to receive a sum in
satisfaction and accused gives bond
to indemnify county or tow n from
expense.
I f accused is found guilty, he is charged
with maintenance o f child in such
sum as court m ay direct. Court
m ay change its orders at any time
upon notice to defendant and county
attorney.
E xecution m ay issue at any tim e for
sums ordered to be paid and defend
ant m ay be required to secure per
formance o f orders as court snail
direct. The filing o f complaint
creates a lien upon real property of
accused in the county where action
is brought for paym ent of any order
or judgm ent. Court m ay issue at
tachment on the com plaint without
bond. I f bond forfeited, m oney is
paid into court and held in trust for
child.
U ntil the child in the
opinion of the judge
is likely to be “ able
to support itself.”
Exam ination of m other before justice
m ay be read in evidence if m other
be dead and shall be read if accused
demands it. N o conviction on un
corroborated testim ony o f female.
Mother m ay be com pelled to attend
and testify.
I f accused found gu ilty, adjudged to
be father of child, andstands charge
able w ith its maintenance as court
directs and for lying-in expenses of
m other paid b y county and for care
and support o f child since birth and
costs of prosecution. Amount not
less than $100 nor m ore than $350 per
year for first tw o years and not less
than $150 nor m ore than $500 per
yearthereafter.
I f wom an, persists in extrem ity of
la b o r o r in cou rt t b a t m a n is fa th er
of bastard, this m ay be given in evi
dence to convict h im of fornication.
I f any m an is convicted of fornication
ana bastardy and sentenced to pay
the m other any sums for the support
of the child, she m ay have judgment
entered in her favor against accused
for such amount. (Clerk enters
judgm ent upon wom an’s filing certi
fied cop y of court’s sentence with
h im .) I f default be made in pay
m ent of any installments of judg
ment, w rit of fieri facias issues and
from this there is no property ex
emption. In addition, there may
be issued an attachm ent execution
b y which wages are attached; there
is no exem ption. U pon being con
victed of fornication m an may be
fined for that offense and also sen
tenced to p ay expenses of childbirth
and give proper bond to authorities
of poor of jurisdiction where child is
b o m to maintain child as court m ay
order.
On default execution m ay issue
against all defendant’s goods, no
exem ption, and his wages m ay be
attached.
14 years.
Person adjudged to be father m ay give
proper bond for performance of
terms of judgm ent and m ay thereby
be discharged. I f he gives no bond,
he m ay be sent to j ail, house of cor
rection, or workhousq. He m ay be
discharged therefrom upon giving
proper notice, as in cases of those
confined to ja il upon execution
againstthe person. E xecution m ay
be issued against defendant or his
bondsmen to secure performance of
conditions of bond.
Effect of death of any of parties.
riage of parents.
Mar
Stato.
N ORTH DAKOTA.
The death o f the m other does not
abate the proceedings i f the child be
hving, in which case the nam e o f the
child is substituted for that o f the
mother. A fter judgm ent, i f child
dies, court m ay m ake appropriate
reduction in amount due.
O H IO .
OKLAHOM A.
Judge of juvenile court o f county
of _mother’s residence m ay com pro
mise m atter w ith p utative father
and thereupon discharge the latter.
Contract of m other and putative
father deemed in all courts of State a
valid contract.
OREGON.
P E N N S Y L V A N IA .
P O R T O R IC O .1
W here the m other resides. The dis
trict court for preliminaries and
trial; appeal lies to superior court.
Complaint may be made b y overseer
of poor. If ¡unmarried w om an has
no residences State and is pregnant
w ith or delivered of bastard, agent
of State charities has all powers and
duties of overseer of poor.
Before or after birth for com plaint;
trial after birth.
W arrant.
If man has wife or lawful children living,
he can not b y will or deed give to illegiti
mate child or its mother for its ben
efit more than one-fourth of his estate.
Illegitimate m ay not b e adopted unless
parent, i f not married, could lawfully
have married the mother at tim e of
child’s birth; also such child can not be
adopted if at tim e o f adoption m an has
lawful wife or child living unless wife is
mother o f illegitimate and unless wife
files ■written consent t o adoption; when
child is so adopted, m an can not b y will
or deed give more property to that child
than allowed b y law unless he has no
lawful wife or issue living at tim e of
death; i f m an dies intestate, such child
can get no more than he could b y will or
deed if lawful wife or issue survive intes
tate.
W here m other resides or where child
is born. The magistrate for com
plaint; the court of sessions for trial.
A n y wom an delivered of bastard child
Complaint and trial b oth after birth ..
Inherits from mother and transmits inherit
ance to mother, but does not take as rep
resenting mother unless parents marry and
father acknowledges him, and in that case
he inherits as if legitimate. Mother of ille
gitimate unmarried minor is entitled to
his custody, service, and earnings.
Illegitimate child inherits from father if lat
ter acknowledges him in writing before
witnesses but does not represent father
unless parents marry and father ac
knowledges him, in which case he inher
its as i f legitimate. Father of illegiti
mate b y publicly acknowledging it, re
ceiving it into family with wife’s consent,
if he be married, and treating child as if
legitimate, adopts child and it becomes
as i f b o m in lawful wedlock. Subse
quent marriage of parents legitimates il
legitimate child.
County in which mother is pregnant or
where child is born or where accused
m ay be found. Justice of peace for
preliminaries; circuit court for trial.
A ny unmarried woman pregnant with
or delivered of bastard.
See note 3 ..............................................................
See note 8.
County m ay bind out illegitimate if mother
unfit and it appears that child will be bene
fited thereby; if illegitimate is female, may
be bound out until she is 21. County can
make no provision for illegitimate unless
he is likely to become a county charge.
I f mother is able to support child, she is en
titled to its custody. Illegitimate inherits
from mother and transmits inheritance to
her as if legitimate. Ifillegitim ate diesintestate, eaving no relatives entitled to take
his property, it goes to such_ persons on
mother’s side as w ould inherit if he had
been legitimate.
Circuit and county courts have original
concurrent jurisdiction in matters of le
gitimation. Petition for legitimation, in
writing, signed b y applicant, verified by
affidavit, giving reasons for desiring such
action, m ay be acted upon b y above
courts. Decree of court makes child le
gitimate as if b o m in lawful wedlock.
Name may be changed b y prayer in pe
tition.
W here the woman resides. Justice of
peace for preliminaries; cou nty court
for trial; appeal to circuit court.
Justice on own knowledge m ay re
quire any single wom an to be brought
before m m after she is delivered, or
wom an m ay make com plaint before
or after birth.
Issue of all annulled marriages, ille
gitimate.
See note 5.............................................................
See note 7.
Birth registration requires no statement as
to legitimacy.
Illegitimate child inherits from m other and
transmits inheritance to her as if lawfully
begotten.
SOU TH C A R O L IN A .
Children of emancipated negroes who
have lived as husband and wife,
made legitimate; i f wom an has died
or parties have ceased to cohabit, all
children recognized b y father deemed
legitimate (in case of negroes).
County board m ay bind out illegitimate if
mother be unfit; also if child likely to be
com e chargeable to com ity. Money re
ceived on recognizance in case of such
bound-out child invested and expended
for child.
Ss0 T iot.ft 7.
For wrongful death of mother or child, re
covery m ay be had just as if child were le
gitimate.
Illegitimate child is heir o f mother and
mother inherits from illegitim ate child as if
legitimate.
Seenote 1............... . . . — ........................
See note 5.
See note 6.
See note 7.
Guardian of person or estate of illegitimate
child m ay be appointed b y will or deed of
mother.
Children b o m in wedlock presumed le
gitimate; in actions for divorce ac
count o f adultery o f wife, children
begotten before action is begun pre
sumed legitimate until contrary is
shown. Children o f wom an w ho has
been married, b o m within 10 months
after marriage is dissolved, pre
sumed legitimate children o f that
marriage. Presum ption o f legitima
cy m ay be disputed only b y husband
or wife or descendants o f either or
both.
Children o f all annulled marriages le
gitimate. Divorce granted for adul
tery of husband, children begotten
o f wife before action begun, legiti
mate; divorce granted for adultery of
wife, children begotten before act, le
gitim acy not affected; legitimacy of
other children determined b y evi
dence of case.
Subsequent marriage o f parents legiti
mates: in this case, if father acknowl
edges child, latter represents both
mother and father in the matter of
inheritance.
TE N N E SSE E.
Dissolution o f Marriage has n o effect
on legitimacy of issue o f marriage.
T E X A S 2.
Children o f all annulled marriages, legitimate. Children of persons marn e d b y bond or b y unauthorized
persons, legitimate.
Subsequent marriage o f parents and
recognition b v father legitimates.
See note 3.
See note 8.
Illegitimate child inherits from and receives
inheritance through mother.
Subsequent marriage of parents and recog
nition b y father causes child to inherit as
if legitimate.
UTAH.
Issue of all marriages null in la w or dis
solved b y divorce, legitimate. Issue
of marriages void because one of par
ties has spouse living but latter mar
riage contracted in good faith, pro
vided issue b o m before knowledge of
mistake, legitimate Issue of biga
m ous marriages b o m before June 4,
1896, legitimate.
Subsequent marriage o f parents legiti
mates illegitimate child.
See note
See note
See note
See note
Illegitimate child inherits from mother and
transmits inheritance to her. Mother of il
legitimate child has custody of it until
child is 10, or if she wishes she m ay consent
to the father’s having custody before the
child is 10. I f she be unfit, she m ay be de
prived of child’s custody.
Father ofillegitimate child b y publicly ac
knowledging it and receiving it in to his
family with his wife’s consent, if he be
married, and otherwise treating child as
if legitimate, thereby adopts it. Child
by this means becomes heir of father.
iThe law like that of Louisiana distinguishes between natural and other illegitimate children.
* N o bastardy support statute.
https://fraser.stlouisfed.org
Federal Reserve Bank of St. Louis
Trial shall be before court unless either
party demands jury.
See preceding colum n.
P O R T O R ICO 1-----
90056—19.
Judgment. H ow and to whom paid.
Period of paym ent. Amount.
Accused is entitled to preliminary
hearing as in a crim inal case.
Mother m ust state nam e o f father
and tim e and place o f conception
under oath.
A ny single woman or the county com
missioners. Proceedings m ay be
started before or after birth. Must
be begun within one year o f the
birth, not counting the time father
is not an inhabitant o f the State or
not usually residing in it.
Begetting of illegiti
mate child is a mis
demeanor.
Evidence. Compulsion to disclose
name of father. Accusation in
travail.
W arrant.
Justice o f peace or police magistrate
for preliminaries; district court o f
county for trial.
parents
Process
Trial.
Illegitimate child born in m aternity hos
pital given surname of father whether
child be legitimate or illegitimate if
name of father be known. Acknowledg
ment ofillegitimate child b y father must
be public; he m ust b e received into
father’s fam ily, with w ife’s consent (if
he be married), and child must be
treated as if legitimate.
of
Lim i
Preliminary proceedings.
W ho may make complaint.
R H O D E IS L A N D .
SO U TH D A K O T A .
Time of complaint and trial.
tation.
Courts and locality of jurisdiction.
No. 4.
1-.
3.
6.
7.
Natural children are those whose parents m ight have been law fully married.
On appeal, trial in superior court shall
be b y ju ry unless waived. It m ay
proceed in absence of defendant.
May grant new trial as in civ il cases.
Depositions m ay be used as in civil
cases.
If judgm ent is against accused, court
orders paym ent to the overseers of
poor for costs of lying-in and support
of the child. I f superior court finds
defendant guilty, that court makes
a new order as to amount and man
ner of paym ent.
Defendant must give security or on
failure to d o so m ay be imprisoned;
he m ay be discharged as a poor
debtor, but can be recomm itted on
breaking terms of discharge.
Warrant. I f accused
resists, indictment
and bench warrant.
The magistrate shall take recognizance
for paym ent of $25 annually, but if
defendant denies he is the father
there is trial in court of sessions.
Jury trial in the court of sessions.
Mother must disclose on oath name of
father; if she refuses, she must give
security for maintenance or be com
mitted.
I f guilty, the defendant shall be recog
nized with security to pay $25 per
year; if twins, twice as much. If
judgm ent is for defendant, he shall
be discharged.
Recognizance with security.
S O U T H C A R O L IN A .
Complaint m ay be before or after birth;
trial only after birth.
W arrant.
Justice examines complainant under
oath in presence of accused and lat
ter has right to controvert charge; if
probable cause is found, accused is
bound over for trial.
Trial before circuit court is b y jury.
See previous colum n. Maintenance
allowed until the child is 3 years old
only.
W arrant.
Accused m ay give bail to officer serv
ing warrant and all justice does is to
take this bail or com m it.
Trial b y cou nty court without jury.
Appeal to circuit court where trialls
b y jury.
I f father denies paternity, he shall file
affidavit denying sexual intercourse
with mother from tenth to sixth
m onth before birth o f child and this
affidavit shall be admitted into evi
dence.
Overseers m ay sta y proceedings when
ever security is given t o p a y ex
penses of lying-in, o f support of
child, and to indem nify town.
I f child dies before or after complaint,
the court m ay order ¡payment of
costs o f lying-in, and all expenses to
town. I f com plainant dies, action
does not abate, but successor in
action m ay appear and continue
prosecution.
R H O D E IS L A N D .
I f against accused, he shall be ordered
to p ay sum not exceeding $250 the
first year after birth and $150
for each of 10 years succeeding this
first year. Judgment cannot be ren
dered for wom an who has had inter
course with several men.
See previous colum n.
Defendant must give undertaking with
sureties as security; he may be com
mitted for contem pt for failure to do
so, but can not be confined for more
than 1 year if unable to pay.
S O U TH D A K O T A .
I f judgm ent is for accused, costs may
be given against person instituting
proceedings or the county. If found
guilty, defendant is charged for first
year o f child’s life not more than $40,
second year $30, third year $20. At
end of third year court shall dispose
o f child as seems best either by giv
ing to the reputed father or binding
out tospm e suitable person. Award
is not for mother b ut goes' to com
missioner of poor.
See previous coium n -
Defendant must give bond to county.
Judgment will be enforced b y execu
tion “ or otherwise.”
TE N N E SSE E.
T E X A S .*
County where mother lives i f it is be
fore birth, where child is b om , or
where father resides. Justice for pre
liminaries; district court for trial.
Natural children m ay he legitimated b y the marriage o f the parents or m ay be acknowledged.
(F or Notes 1-8 see Sheet N o. 1 of Tabular analysis.)
W henever accused pleads not guilty
in district court, he shall be tried
there.
Unmarried woman pregnant with or
delivered of ¡bastard.
Complaint m ay be before or after birth;
trial only after birth. N o proceed
ings can be had after 4 years from
birth of child, not counting time ac
cused is absent from State.
W arrant.
T h ey are entitled to be recognized if paternity is acknowledged or established b y authentic evidence.
County attorney examines woman on
oath in presence o f defendant. I f
justice finds probable cause, bound
over. In default o f bond, commit
ted.
A n action lies to com pel recognition.
Jury trial................................
Evidence is heard as in other cases.
Mother and defendant are both com
petent witnesses.
If for accused, he is discharged and
mother pays cost; if found guilty,
must pay costs and $200 for first year
of child’s life; $150 pot year for 17
years thereafter. Monev'is paid out
for support o f child as directed b y
court; i f guardian appointed, money
paid to him. Payments to be made
quarterly.
See previous colum n -
The recognized natural child ha sthe right to the name o f the recognizing parent and to hereditary portion, for details of which consult code.
Accused must give bond or be com
mitted; in which case he may be dis
charged for insolvency after 1 year.
On default o f payments, judgment
rendered for amount due on princi
pal and sureties on bond and execu
tion issues. In addition on default
o f paym ent, father m ay be commit
ted for contempt.
Mother may settle i f father pays her
$500 or more and this will be final dis
charge; i f less than $500, she m ay
compromise w ith consent o f court,
but no future action is barred, pay
ment operating merely as set-off.
I f child b o m dead or dies after birth,
courtshallcancelbond. Marriageof
parents operates to cancel bond.
E very illegitimate child has a right to support if paternity is established b y judgm ent or recognition. The support is regulated for legitimate and illegitim ate children alike.
UTAH.
https://fraser.stlouisfed.org
Federal Reserve Bank of St. Louis
Tabular analysis o f American Illegitimacy Laws— Continued.
State.
V oid marriages and divorce.
Presumption of legitimacy.
V E R M O N T ..
Children of incestuous marriages, ille
gitimate. Children of marriages
annulled account lunacy, legitimate
and inherit as if parent had been of
sound m ind. A t tim e marriage is
annulled or divorce granted or later,
upon petition of either parent, court
makes decree as t o care and custody
of child.
V IR G IN IA i.
Children of null marriages are legiti
mate.
W A S H IN G T O N »
Jurisdiction. Civil or
criminal. Designa
tion.
P relim inar y proceedings.
Trial.
Recognizance taken with surety for
appearance before county court.
Trial shall be b y ju ry on request of
either party.
Evidence. Compulsion to disclose
name of father. Accusation in
travail.
Judgment. H ow and to whom paid.
Period of paym ent. Amount.
Period of support.
Mother is a competent witness and a
compellable witness except she
shall not be forced to answer as to
pregnancy until 30 days after de
livery.
If judgm ent is against accused, he
stands charged w ith support of child
with assistance of mother so long as
the child is likely to need it, in such
manner as judge shall determine.
H e shall p ay to mother such propor
tion of expenses already accrued as
judge deems just.
See previous colu m n .
Marriage of parents and acknowledgment
b y father legitimates illegitimate child.
Seenöte 3.
See note 8.
Illegitimate child inherits from m other and
transmits inheritance to her as if legiti
mate.
Subsequent marriage of parents with rec
ognition b y father of child, either before
or after marriage, legitimates illegiti
mate child.
V IR G IN IA .1
Subsequent marriage of parents and
acknowledgment b y father legiti
mates illegitimate child and renders
child capable of representing his
father and mother in the m atter of
inheritance.
See note 3..............................................................
Under workm en’s compensation statute
“ ch ild ” includes illegitimate child legiti
m ated prior to injury.
Inherits from mother. Does not represent
m other in m atter of inheritance unless
there is a subsequent marriage of parents.
Estate of illegitimate descends to mother.
If parents of illegitimate child m arry and
father acknowledges child, latter is legiti
mated and so inherits. If there is no
marriage of parents, b u t father acknowl
edges child, latter inherits from father.
W A S H IN G T O N .1
County where the m other resides.
Justice for preliminaries; county
court for trial.
A n y single woman pregnant with or
delivered of bastard. Overseers of
poor may cause wom an to be
brought before justice and m ay
prosecute in her name.
Process.
Lim i
Complaint m ay be before or after birth
W arrant.
Accused m ust give bond with surety.
Judgment m ay be enforced b y mak
ing m otion against accused and his
sureties.
Judgment is guilty or not guilty. If
guilty, accused is charged with
future maintenance of child and
past expenses, including costs of
confinement, in such manner as
judge sees fit.
16 years
Judgment is secured b y bond to
county or town. On failure to give
bond accused is com m itted, but
after 90 days m ay be discharged for
insolvency.
Accused m ay be discharged if he set
tles with complainant with consent
of board of supervisors and gives
bond to indem nify cou nty or tow n.
Officials of city, town, or county
may compromise, discharging de
fendant from further liability.
. Court shall require security for enforce
m ent of j udgment; for failure to give
it, accused shall be imprisoned, but
after three m onths m ay be dis
charged for insolvency. I f accused
absconds, m ay issue attachment
order.
Accused m ay be discharged if he pays
the complainant such sum as she
agrees upon and gives bond ap
proved b y justice or judge toindem nify county. Agreement m ust be
acknowledged before court b y both
parties.
Proceedings can be had only after birth
and m ust he started before child is 3
years old.
Warrant
Justice examines complainant under
oath and reduces her statement to
writing. Then without any hearing
on the merits binds defendant with
security to appear for trial.
Trial shall be b y ju ry unless waived.
After accusation, proceedings m ay
be in name of cou nty court ana
prosecuting attorney shall appear
for complainant.
Issue of null marriages, legitimate. If
person enters into marriage, having
another spouse living, b u t acts in
good faith, children are legitimate if
impedim ent is rem oved and parties
continue to live as husband and wife.
Marriage of parents of illegitimate
child legitimates it.
See note 1............................................................
See note 3.
See note 5.
See note 7.
A bandonm ent statute applies to illegiti
m ate child as well as to legitimate child.
If b y proceedings paternity of illegitimate
child is determined, child is given name of
father in birth report. It is d u ty of parent
of illegitimate child under 16 to support
and provide for it.
Illegitimate child inherits from and trans
m its inheritance to mother. Illegitimate
child can not represent father or mother
unless before his death he has been legiti
m ated b y marriage of parents as law pre
scribes. It is d u ty of Illegitimate child’s
parent to support it if child be under 16.
If child is illegitimate, but its paternity
has been determined, it is given name of
father in birth report. Illegitimate
child inherits from person who has pu b
licly acknowledged self to be its father or
has been so adjudged; can not claim as
representing father or mother in matter
of inheritance unless before his death he
has been legitimated b y marriage of par
ents as law prescribes.
County or, in some cases, tow n where
m other resides. Justice or any court
of record for preliminaries; county
court for trial.
A n y female pregnant with or delivered
of bastard, or officers of cou nty or
tow n if child is apt to be public
charge, may m ake com plaint.
Proceedings m ay be started before or
after birth.
Warrant
W ISCONSIN.
Complainant is examined under oath
and accused m ay cross-examine her
before justice. Justice may require
bond; on failure to give it accused is
bound over to county court by recog
nizance with sureties.
If m other fails to prosecute after com
plaint, officers m ay d o so. Court
m ay appoint counsel to assist dis
trict attorney in bastardy cases.
Mother m ay be made to testify, or if
dead her testim ony before justice
m ay be read in evidence.
Issue of incestuous marriages, illegiti
m ate. I f marriage is void account
of nonage, insanity, or idiocy, issue
legitimate as to capable party (if
both parents are under age issue is
legitimate as to older); if marriage
void account of previous marriage,
but contracted in good faith, issue
legitimate as to capable party. _ If
divorce account adultery of wife,
legitimacy not affected, but illegiti
m acy m ust be proved.
Subsequent marriage of parents of
illegitimate child and acknowledg
m ent b y father legitimates it.
See note 3..........— «............ ..............................
See note 6.
Unmarried m other of child about to be b o m
or under 21 m ay b y will or deed dispose
of custody of such child to proper person
during its m inority.
Illegitimate child inherits from and trans
m its inheritance to its mother.
Subsequent marriage of parents of illegiti
mate child and acknowledgment b y its
father legitimates it.
A n y justice of peace has jurisdiction to
m ake preliminary examination; cir
cuit court for trial.
A n y unmarried wom an pregnant with
or delivered of bastard, or county
commissioners interested in support
of child, may m ake com plaint.
Proceedings m ay be started before or
after birth.
Warrant. I f accused
can not be found or
is a nonresident of
State, there shall be
order of attachment
and service b y pub
lication.
Complainant shall be examined b y
justice under oath in presence of
accused, who m ay question her in
his defense. The justice recognizes
defendant to appear before district
court for trial.
Trial shall be b y j ury and m ay proceed
in absence of defendant.
Exam ination before justice shall be If guilty, defendant shall stand
charged with maintenance of child
given in evidence.
in such sum as court shall order.
L O U IS IA N A ..................... Husband of m other considered father o f all children born during marriage. H usband can not
disown child b y alleging im potency; can not disown child on account of adultery unless child’s
birth concealed from him, Child, capable of living, born before one hundred and eightieth day
after marriage not presumed to be child o f husband; same rule in case child b o m 300 days after
divorce or dissolution of marriage. In case of divorce from bed and board, legitim acy of child
m ay be contested unless there has been cohabitation of husband and wife since decree. In case
of voluntary separation, cohabitation always presumed. Presumption o f paternity of husband
fails when husband so rem ote that cohabitation is physically impossible. Husband can not
contest legitimacy o f child b o m before one hundred and eightieth day after marriage if he knew
of wife’s pregnancy before marriage or if he was present at birth or baptism of child and signed
its birth or baptismal record. Father m ust contest legitim acy of child m 1 m onth if he be where
child was b o m or in 2 m onths after his return if absent or after discovery of fraud m conceal
m ent of birth. I f husband does not question legitimacy of child and dies before period allowed
for such contest, his heirs at law m ay contest within 2 m onths after child has taken possession
of estate of husband or after heirs have been disturbed b y child in their possession. That child
is legitimate m ay be proved b y transcript of birth or baptism register; b y circumstances: (1)
that child called b y surname o f father; (2) that father treated him as his child; (3) that child
has been acknowledged as such before world and in fam ily; (4) .by written or oral evidence.
Filiation m ay be disproved b y showing that he is not child of m other he claims to be or is not
child of husband of mother.
V oid marriage and divorce.
Miscellaneous status provisions.
General rights and duties in relation to illegitimates.
P roof of parental descent.
Subsequent marriage of parents.
Private or religious marriages m ade valid and children
declared legitimate if in specified time parties w ho have
contracted such marriages shall m ake proper declarations
before a notary. Marriage not valid and children not
legitimated if impedim ent existed at tim e of private
marriage. Children of such private _marriages so ac
knowledged have full rights just as legitimate children.
See note 6............................................................................................................................ ............. ...................
Under workmen’s compensation statute “ legally adopted child ” m ay be deemed dependent upon
deceased. Illegitimate child that law prohibits man from acknowledging m ay not be adopted.
Parent of one adopted must consent. Mother is tutrix of her natural child not acknowledged
b y father or acknowledged b y him without her consent. After m other’s death, father becomes
tutor of natural child if he alone has acknowledged it. I f both father and mother have acknowl
edged child, father is first tutor and in default of him, mother is. Such father or mother m ay
choose tutor for natural child. Choice must be approved b y court.
. . .
There are tw o sorts of illegitimate children: (1) Those born from persons w ho might legally have
married; (2) those born to persons who could not legally have married. Illegitimate children
acknowledged b y father are called natural children; those not acknowledged b y their father or
whose parents were incapable of marriage at time of conception or whose father is unknown
are called bastards.
Such children belong to no fam ily and have no relations. E ven when legally
acknowledged they are not submitted to paternal authority. The parents
owe alim ony to them when they are in need and the children owe alimony
to parents when the latter are in need. The children m ay claim this ali
m on y from heirs after death of parents. They can claim this right only if
acknowledged b y person from whom they claim or that person has been
adjudged the parent, and they must also be absolutely in need o f such ali
m on y for support. I f during life parent has provided sufficiently for sup
port of child, estate can not be held. Alim ony is due bastards, although
they are incestuous or adulterous.
Children not acknowledged are not kept from m aking proof of paternal de
scent. Proof m ay be b y (1) writings in which father has acknowledged the
bastard as his child or so called him ; (2) when thefather in public or private
has acknowledged him as his child or called him such or educated him
as such; (3) when the mother was living in a state o f concubinage with
the father at his house at time the child was conceived. Claim of natu
ral children m ay be contested b y those interested. Oath o f mother sup
ported b y proof of cohabitation outside of father’s house is not enough if the
woman was o f dissolute manners or has been guilty o f unlawful connection
with another man before or since the birth. Illegitimate children m ay prove
maternal descent providing the wom an is not married, but the child must
show he is identically the same child that was brought forth.
Subsequent marriage o f parents legitimates un
less tne children were born from an incestuous
or adulterous connection. Such legitimated
children have same rights as if born during
marriage.
(P or Notes 1-8 see Sheet N o. 1 of Tabular analysis.)
1 N o bastardy support statute.
Other means of legitimation.
Either parent m ay legitimate his child b y declaration before a notary,
using tw o witnesses, provided the parents at the tim e of conception
could have contracted marriage ana provided there exists on part of
parent no legitimate ascendants or descendants. Legitimation m ay
be extendea to a deceased child who has left issue and in that case
issue benefits thereby. The father m ay legitimate his natural child
b y writing in own hand or causing to be executed b y the notary
public a proper instrument attested b y three witnesses in which he
acknowledges such person to be his child and designates him b y
name. W here m an has several children b y one concubine the ac
knowledgement as above in writing will legitimate them all, though
the rest are not mentioned specifically.
Where overseer of poor has started
proceedings any com prom ise with
out his consent is not valid against
overseer.
A s long as court m ay
appoint.
Unmarried female delivered of bastard
child or married wom an living apart
from husband for one year.
Presum ption of legitimacy.
Accused m ust give bond for perform
ance of judgm ent or be com m itted,
but he m ay be discharged after six
m onths for insolvency. Judgment
is enforced out of bond.
If found guilty, court m ay order father
to p ay to court for maintenance of
child such sum as court sees fit.
County where m other resides. Jus
tice for preliminaries; circuit court
for trial.
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State.
Illegitimate child inherits from m other and
transmits inheritance to her.
Tim e of complaint and trial.
tation.
Marriage of parents of illegitimate child
and recognition b y father legitimates
child and its descendants.
'
Mar
See note 5............................................................
Birth registration contains no statement as
to legitimacy.
See note 2.
Under workm en’s com pensation statute
“ ch ild ” includes acknowledged illegitim atechild. In the wrongful death statute
“ ch ild ” includes acknowledged illegiti
m ate child. Mother of illegitimate child
is its guardian until another is appointed.
If m inor is illegitimate child, whose mother
is dead and person adopting is its natural
father, instrument of adoption does not
require signature of child, b ut probate
court makes proper orders as to care, cus
tod y, and control of child.
Who may make complaint.
Illegitimate child inherits from and through
its mother.
No. 5.
Effect of death of any of parties.
riage of parents.
Compromise.
Subsequent marriage of parents and
acknowledgment b y father legiti
mates illegitimate child.
Courts and locality of jurisdiction.
See note 8.............................................................
Abandonment statute applies to illegitimate
as well as t o legitimate children. Birth
registration is on such forms as board of
health prescribes.
90956—19.
Lien.
Child and father.
Subsequent marriage of parents of
illegitimate child and recognition of
it b y father legitimates it and its
descendants.
State.
Security.
Child and mother.
Issue of null marriages or of those dis
solved b y divorce, legitimate.
In case of divorce account of adultery
of wife, children begotten before
action begun presumed legitimate.
Enforcement.
Miscellaneous status provisions.
W E S T V IR G IN IA .
W Y O M IN G
Provisions in judgm ent as to name
and status.
Legitimation b y marriage of mother
and father.
On death of m other after com plaint,
but before trial, the overseer of poor
m ay continue suit in name of
county.
Liability on judgm ent ceases on death
of child.
VERM ONT.
W E S T V IR G IN IA .
W ISC O N SIN .
If m other dies, prosecution shall not
abate but shall go on in nam e of
child. Death of child is no bar to
suit; if child dies after judgm ent,
judge shall m ake such reduction as
he thinks proper.
W Y O M IN G .
Acknowledgment.
Inheritance.
Gifts.
In general.
Child m ay be acknowledged b y either parent be
fore a notary in the presence of two witnesses.
W hen the parents could legally have married
at the tim e of conception, acknowledgment by
the father without consent of mother is only
effective as regards the father.
Natural children inherit from mother if she has acknowledged them and has left no lawful descend
ants. If she has left such descendants, the illegitimate children receive only moderate alimony.
Natural children of the father only inherit from him when he has left no relatives. Adulterous
or incestuous bastards inherit from neither parent but are allowed mere alimony. Illegitimate
children do not inherit through the parents. The parents inherit from the natural children. If
parents die before natural child his estate passes to his natural brothers or sisters. I f wife sur
vives husband who has left no lawful ascendants or descendants, she inherits to exclusion of
duly acknowledged natural child; in case husband survive, natural child takes precedence over
him. Children who inherit from natural father or mother go into possession only b y order of
judge. I f natural child inherits from mother deceased without lawful issue, child shall not be
put in to possession without calling relations of deceased who would have inherited in default of
natural child. If inheritance be from deceased natural father, faithful inventory must be made
b y notary in presence of person appointed to defend interest of absent heirs of decedent. Natural
children must give security amounting to two-thirds value of property into possession of which
they have come. This is security for restitution in case legitimate heirs appear within 3 years.
Child legitimated b y marriage after its conception takes only those successions opened since
marriage of parents.
Natural children b y gifts inter vivos or causa mortis can take only
amount necessary for sustenance or occupation to maintain them
if legitimate children are left. I f no legitimate children, natural
children m ay take full amount. I f mother has left natural children
only a part, they have no action against heirs for m ore than enough
for maintenance. I f naturalfather has not left legitimate children,
natural children take b y these gifts one-fourth i f he has left legiti
mate ascendants; one-third if he has left m ore remote collateral
relatives. Beyond these parts he m ust dispose of property in fa
vor of legitimate relatives. Natural father and m other can in no
case dispose of more property in favor of adulterous or incestuous
children than enough to sustain them or to procure them an occu
pation.
Natural children make no part of children prop
erly so called unless legitimated. Illegitimate
child though acknowledged can not claim rights
of legitimate children. E very claim of natural
child m ay be contested b y those interested.
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REFERENCE INDEX TO ILLEGITIMACY LAWS OF
THE UNITED STATES
(In Effect January 1, 19 19 )
59
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REFERENCE INDEX TO ILLEGITIMACY LAWS OF THE
UNITED STATES.
[In effect Jan. 1, 1919.]
P R E F A T O R Y N O TE .
The following references to illegitimacy laws in force in the United
States are arranged in two ways: First, according to a topical
index, the States being grouped alphabetically under each topic;
and, second, consecutively under each State. In the second grouping
each reference is followed by a key word, indicating the subject to
which it refers.
‘
The topical index has two main headings: The first, General
and Status Legislation; the seeond, Support Legislation. The subtopics—Adoption, Registration of Births, etc.— are those within Jbhe
scope of which illegitimacy legislation is usually found.
Although the specific references cover the provisions concerning
illegitimacy only, they may be used as a basis for finding also the rest
of the law relating to any given subtopic. For a few subjects the
list of States is nearly complete; for example, the birth registration
laws of 37 States make some mention of illegitimate births and are
therefore cited, and in order to determine the total number of States
having birth registration laws, the laws of only the remaining 16
jurisdictions would need to be searched.
With a few exceptions, judicial decisions were not examined in
connection with compiling these references.
61
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T O P IC A L I N D E X O F R E F E R E N C E S .
G E N E R A L A N D ST A T U S L E G ISL A T IO N .
A D O P T IO N .— Consent of mother required for the adoption of her illegitimate child.
A R K A N S A S ....................... K irb y and Castle’s D igest 1916, sees. 1568, 1583.
C A L IF O R N IA ...................Deering’s Civil Code 1915, see. 224, as amended by
Laws 1917, eh. 558.
I D A H O . . : . . .............
Revised Codes 1908, sec. 2703.
I L L I N O I S .............. .......... .H u r d ’s Revised Statutes 1917, ch. 4, secs. 2, 9 a-9c;
ch. 23, sec. 183:
I O W A ................. t .............. Code 1897, sec. 3251.
L O U I S I A N A ..................... Merrick’s Revised Civil Code 1912, art. 214.
M A I N E ........ .. ...................... Revised Statutes 1916, ch. 72, sec. 36.
M A S S A C H U S E T T S -------Revised Laws 1902, ch. 83, secs. 13, 17-19 ; ch. 154,
sec. 2, as amended b y Laws 1904, ch. 302.
M IC H I G A N .................. ...C o m p ile d Laws 1915, see. 14139.
M IN N E S O T A ......... .....G e n e r a l Statutes 1913, secs. 7153—7155, as amended b y
Laws 1917, ch. 222.
M O N T A N A ---------. . . . . . .R e v ise d Codes 1907, sec. 3764.
N E B R A S K A ....................... Revised Statutes 1913, secs. 1616, 1620.
N E V A D A .......... ............... ..R e v is e d Laws 1912, secs. 731, 746, 5828.
N E W H A M P S H I R E .. .P u b lic Statutes 1901, ch. 181, sec. 2.
N E W M E X I C O ................ Statutes 1915, secs. 13, 17.
N E W Y O R K ......................Birdseye
Consolidated Laws- (2d ed.)
1917,
vol.
2,
Domestic Relations, ch. 14, secs. I l l , 113.
N O R T H D A K O T A .....C o m p ile d L aw s 1913, sec. 4444.
Laws 1911, ch: 177, sec. 17.
_ , - -O K L A H O M A ..................R e v is e d Laws 1910, see. 4388.
O R E G O N ............ ................ Lord’s Oregon Laws 1910, sec. 7099, as amended b y
Laws 1915, ch. 31.
S O U T H C A R O L I N A .. .Code 1912 (C ivil), sec. 3798.
S O U T H D A K O T A ..........Revised Codes 1903 (C ivil), sec. 131.
Laws 1915, ch. 119, sec. 23.
T E N N E S S E E .................... Thom pson’s Shannon’s Code 1918, secs. 4436a-65al5.
U T A H ....................................Compiled Laws 1917, sec. 13.
V E R M O N T ......................... General Laws 1917, sec. 3757.
W E S T V I R G I N I A ..........Laws 1915, ch. 70, sec. 20.
W I S C O N S I N ................S t a t u t e s 1917, sec. 4022.
A P P R E N T IC E S H IP .— Consent to, and binding out b y mother and others.
A L A S K A ................... ...........Compiled Laws 1913, sec. 446.
C A L IF O R N IA ................... Deering’s Civil Code 1915, sec. 265.
63
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64
IL L E G IT IM A C Y L A W S .
A P P R E N T IC E S H IP — Continued.
C O L O R A D O ....................... Revised Statutes 1908, sec. 134.
D E L A W A R E ......................Revised Code 1915, secs. 3102, 3112.
I L L I N O I S .............. ............. H urd’s R evised Statutes 1917, ch. 9, sec. 2.
M A R Y L A N D ......................Annotated Code, vol. 1, 1911, art. 6, sec. 11.
M A S S A C H U S E T T S .. ..(A p p ren ticesh ip Law repealed b y Laws 1918, ch. 257,
sec. 402.)
M I C H I G A N .____. . . . . . .Com piled Laws 1915, sec. 11517.
N O R T H C A R O L I N A ...P e l l ’s Revisal 1908, see. 201,
O R E G O N .................. .........Lord’s Oregon Laws 1910, see. 7059.
S O U T H C A R O L I N A ...C o d e 1912 (C ivil), sec. 973.
T E N N E S S E E ................T h o m p so n ’s Shannon’s Code 1918, secs. 2708, 4322.
V E R M O N T .. . . . . . . . . . .General Laws 1917, secs. 3732-3733.
B IR T H S A N D D E A T H S , C O N C E A L M E N T O F , B Y M O T H E R .
A L A S K A ............ . . . . ........ Compiled Laws 1913, secs. 2005-2006.
A R K A N S A S .^ .. . . ............K irby and Castle’ s Digest 1916, secs. 1907-1908.
C O L O R A D O .......................Revised Statutes 1908, sec. 1641.
C O N N E C T I C U T .. . . . . .General Statutes 1918, secs. 6389-6390.
F L O R I D A ....................G e n e r a l Statutes 1906, secs. 3218-3219.
G E O R G I A ______ _____ ..P a r k ’s Annotated Code, 1914 (Penal), sec. 79.
H A W A I I . . . , . * . . . . . . . . . Revised Laws 1915, sec. 4164.
I L L I N O I S . . . . . . . . . . . . . ! .H u rd ’s Revised Statutes 1917, ch. 38, sec. 44.
K E N T U C K Y ......................Statutes 1915, sec. 1220.
M A I N E .................. ...............Revised Statutes 1916, ch. 126, sec. 8.
M A S S A C H U S E T T S -------Revised Laws 1902, ch. 212, secs. 17-18.
M IC H I G A N ........................ Compiled Laws 1915, secs. 15469-15470.
M IN N E S O T A .................G e n e r a l Statutes 1913, sec. 8697, as amended b y Laws
1917, ch. 231.
M I S S O U R I . . . . . . . . ......... Revised Statutes 1909, sec. 4470.
N E V A D A .................... ...R e v is e d Laws 1912, sec. 6450.
N E W H A M P S H I R E .. .P u b lic Statutes 1901, ch. 278, sec. 14.
N E W J E R S E Y ..............C o m p ile d Statutes 1910, vol. 2, p. 1784, sec. 118.
N E W Y O R K ......................Birdseye Consolidated Laws (2d e d .), 1917, vol. 5, Penal
Law, ch. 40, sec. 2461.
N O R T H C A R O L I N A . .P e l l ’s R evisal 1908, sec. 3623.
N O R T H D A K O T A ......... Compiled Laws 1913, sec. 9606.
O K L A H O M A .................... Revised Laws 1910, secs. 2438, 2807.
O R E G O N .............................Lord’s Oregon Laws 1910, secs. 2080, 2088.
P E N N S Y L V A N I A -------.Stewart’s Purdon’s Digest, vol. 1, p. 901, sec. 3.
R H O D E I S L A N D .. . . .General Laws 1909, ch. 347, secs. 10-11.
"
S O U T H D A K O T A .........Revised Code 1903 (Penal), secs. 344, 794.
V E R M O N T .................... .General Laws 1917, secs. 6804-6805.
W A S H I N G T O N ..............R e m in g to n ’ s Codes and Statutes 1915, sec. 24&2.
W IS C O N S IN ........................S ta tu te s 1917, secs. 4585-4586.
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R EFER ENCE IN D E X TO L A W S OF T H E .U N IT E D STATE S.
65
B IR T H S , R E G IS T R A T IO N O F .— Statement as to whether child is legitimate or
illegitimate, and registration on st a n d a r d c e n s u s f o r m ; miscellaneous.
A L A B A M A ......................... Code 1907,,sec. 711, as amended b y Laws 1 9 1 1 ,p. 116.
A L A S K A ............................ Laws 1913, ch. 35, sec. 2.
A R I Z O N A .......... ............R e v i s e d Statutes 1913, Civil Code, sec. 4418.
C O L O R A D O ............ .......... Revised Statutes 1908, sec. 384.
D E L A W A R E ...................R evised Code 1915. sec. 808.
D IS T R IC T
OF
CO
L U M B IA .........................34 U . S. Statutes at Large, p. 1010, ch. 2280, sec. 1.
F L O R I D A .............. ...L aw s 1915, ch. 6892, sec. 14.
G E O R G I A .................... ..P a r k ’ s Annotated Code 1914 (Political), sec. 1676 (bb).
H A W A I I ........... ...R evised Laws 1915, sec. 1133, as amended b y Laws
1915a.48, sec. 1142.
I D A H O ........... ...Law s 1911, ch. 191, sec. 14.
I L L I N O I S .......... ................H u rd ’s Revised Statutes 1917, ch. 111§, sec. 31.
I O W A ....................................Laws 1917, ch. 326, sec. 6.
K E N T U C K Y .. . . . . . . . . .Statutes 1915, sec. 2062a.l4.
L O U I S I A N A . . . . . ............Laws 1918, No. 257, sec. 14.
M A S S A C H U S E T T S .. ..'R evised Laws 1902, ch. 29, sec. 1, as amended b y Laws
1910, ch. 322, sec. 25.
Laws 1912, ch. 280, sec. 2; sec. 3 repeals Revised Laws
1902, ch. 29, sec. 3.
M IC H I G A N .........................Compiled Laws 1915, sec. 5614.
M IN N E S O T A .................... General Statutes 1913, secs. 4651-4652 and 4661-4662 as
amended, and 4653a and 4660a-4660b as added, by
Laws 1917, ch. 220.
Laws 1917, ch. 212, secs. 8 -10.
M I S S O U R I .............. ....R e v i s e d Statutes 1909, sec. 6677.
M O N T A N A ..... .................... Revised Codes 1907, sec. 1769.
N E B R A S K A .. . . . . . . . . R e v i s e d Statutes 1913, sec. 2748.
N E V A D A _____. . . . . . . . . R e v i s e d Laws 1912, sec. 2965.
N E W Y O R K . . . . . . . . . . . Birdseye Consolidated Laws (2d ed.) 1917, vol. 6 Public
H ealth, ch. 45, sec. 383.
N O R T H C A R O L I N A . .P e ll’ s Revisal 1908, sec. 5438b(14), items 6 and 8, Sup
plem ent 1913 (1913, ch. 109, sec. 14).
N O R T H D A K O T A ..___Compiled Laws 1913, sec. 447.
Laws 1915, ch. 183, sec. 8.
O H I O ..................................... General Code 1910, sec. 219 (items 5 and 6), as amended
b y Laws 1913, p . 194.
O K L A H O M A ........... ...L a w s 1917, ch. 168, sec. 14 (6).
O R E G O N .................... ....L a w s 1915, ch. 268, sec. 13, as amended b y Laws 1917,
eh. 384.
P E N N S Y L V A N I A .......... Stewart’s Purdon’ s Digest, Supplement 1905-1915, vol.
6, p. 7303, sec. 20 (1915, No. 402, p. 900, sec. 14).
P O R T O R I C O . . . . . . . . . R e v i s e d Statutes and Codes 1911, secs. 231-233, 235.
T E N N E S S E E . ........ .T h o m p s o n ’ s Shannon’s Code 1918, see. 3118a-51.
T E X A S . . . . . . . . . . . . . . .L aw s 1917, ch. 129, sec. 9.
9 0 9 5 6 °— 1 9 - — 5
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66
IL L E G IT IM A C Y L A W S .
BIRTHS, REGISTRATION OF— Continued.
U T A H ........ ........................... Compiled Laws 1917, sec. 5052.
V E R M O N T .. . . . . . . . . . . .General Laws 1917, sec. 3786.
V I R G I N I A . ; ....... .............Code 1904, Supplem ent 1016, p . 845, sec. 1 4 ; sec. 2 0, a3
amended b y Law s 1018, ch. 58.
W A S H I N G T O N ................ R em ington's Codes and Statutes 1915, sec. 5435.
W IS C O N S IN .................Statutes 1917, secs. 1022-30 (items 5 and 21).
W Y03V IIN G ......................... Compiled Statutes 1910, sec. 2957.
CUSTODY.;—Surrender thereof to institution, etc.
g itim a c y
•
(See also provisions in '“ I lle
P r o c e e d in g s . ” )
C A L I F O R N I A ..................Heering’ s Civil Code 1915, sec. 200.
G E O R G I A ......................... .P ark’s Annotated Code (Civil), sec. 3028.
I L L I N O I S ........................... Hurd’ s Revised Statutes 1917, ch. 17, sec. 13.
I O W A ...................................Code 1897, Supplement 1913, sec. 3260-c.
L O U I S I A N A ...................... Merrick’s Revised Civil Code 1912, arts. 213, 238.
M A R Y L A N D ..................... Annotated Code, vol. 3 (1914), art. 27, secs. 484r-488, as
added b y Laws 1916, ch. 210.
M A S S A C H U S E T T S .. . .R evised Laws 1902, ch. 83, sec. 13.
M IC H IG A N ........................ Com piled Laws 1915, see. '7280.
M IN N E S O T A .................... General Statutes 1913, sec. 7154, as amended b y Laws
1917, ch. 222.
M O N T A N A .............. ....R e v i s e d Codes 1907, sec. 3745.
N E V A D A ..
--------------- Revised Laws 1912, sec. 766.
N E W H A M P S H IR E — Publie Statutes 1901, Supplem ent 1913, p . 163 (1911,
ch. 124, sec. 12).
N E W J E R S E Y ................. Laws 1913, ch. 331, sees. 1 -3 .
N O R T H C A R O L I N A . . Laws 1917, eh . 59, .secs. 1 -3 .
N O R T H D A K O T A ------- Compiled Laws 1913, sec. 4425.
O K L A H O M A .---------------R evised Laws 1910, sec. 4369.
P O R T O R I C O ......... , . -R evised Statutes and Codes 1911, sees.. 184, 8292.
S O U T H D A K O T A --------- Revised Codes 1903 (C ivil), sec. 112.
T E N N E S S E E .................... Thom pson’s Shannon’s Code 1918, sec. 7346 (See Court
Decision “ 1 Y e r. '92” under see. §408).
U T A H ............................. .. .Com piled Laws 1917, sec. 391.
W Y O M I N G ......................... Com piled Statutes 1910, sec. 5739, as am ended b y L aw s
1915. ch . 143.
*
DEFINITIONS .— (For definitions in certain States, see also “ I lle g itim a c y P ro
c e e d in g s . ”
)
G E O R G I A ........................... Park’s Annotated Code 1914 (C ivil), sec. 3026.
L O U I S I A N A .................. .. .M errick’s R e vised Civil Code 1912, arts. 2 7 ,1 7 8 ,1 8 0 -1 8 3 ,
. 202, an d 3556(8)..
P O R T O R I C O ...................R evised Statutes and Codes 1911, secs. 3250, 3263.
(See
also “ L e g it im a c y , P r e su m p t io n op. ” )
DIVORCE— (For effect of divorce on legitim acy of children, see “ M a r r ia g e
D iv o r c e . ” )
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67
G U A R D IA N S H IP O F M O T H E R , C O N S E N T T O A P P O IN T M E N T O F G U A R D
IA N , E T C .:
A R I Z O N A ......................... .R evised Statutes 1913, Civil Code, see. 1118.
A R K A N S A S ......................K irb y and Castle’s Digest 1916, sec. 4155.
C A L I F O R N I A ...................Deering’s C ivil Code 1915, sec. 241.
C O N N E C T IC U T ................ General Statutes 1918, sec. 4863.
G E O R G I A ........... ............P ark ’s Annotated Code 1914 (C ivil), sec. 3045.
I D A H O . . . ............ . .............Revised Codes 1908; sec. 5781.
L O U I S I A N A . . . . ..............M errick’s R evised Civil Code 1912, arts. 256, 261.
M IS S O U R I ..........................R evised Statutes 1909, sec. 403, as amended b y Laws
1913, p. 92.
M O N T A N A ...................... .R evised Codes 1907, sec. 3778.
N E W M E X I C O ... ........... Statutes 1915, sec. 2577.
N E W Y O R K ......................Birdseye Consolidated
Laws
(2d e d .)
1917,
vol.
2;'
Domestic Relations, ch. 14, sec. 86.
N O R T H D A K O T A ......... Compiled Laws 1913, sec. 4456.
O K L A H O M A ......................R evised Laws 1910, sec. 3326.
S O U T H D A K O T A .......... R evised Codes 1903 (C ivil), sec. 144.
V E R M O N T .. ............, ------General Laws 1917, sec. 3636.
W Y O M I N G ......................... Compiled Statutes 1910, sec. 5739, as amended b y Laws
1915, ch. 143.
IN C E S T U O U S M A R R IA G E S .— Specifically applied to illegitimate relationship.
(For legitim acy of children, see “ M a r r ia g e a n d D iv o r c e . ” )
A L A B A M A .... . . . . . . . ...C o d e 1907, secs. 4877-4878.
'
A R I Z O N A . . . . ....................R evised Statutes 1913, Civil Code, sec. 3838.
A R K A N S A S ....................... K irb y and Castle’s Digest 1916, sec. 6083.
C A L IF O R N IA ..................Deering’s Civil Code 1915, sec. 59.
C O L O R A D O ....................... R evised Statutes 1908, secs. 1769-1770, 4163-4164.
I D A H O ........................... ..-R evised Codes 1908, sec. 2615.
I L L I N O I S ............ .............H u rd ’s R evised Statutes 1917, ch. 89, sec. 1.
K A N S A S .................. ............General Statutes 1915, sec. 6135.
K E N T U C K Y ................... .. Statutes 1915, sec. 2096.
L O U I S I A N A ...................... Merrick’s R evised Civil Code 1912, arts. 94-95.
M IS S O U R I ....................... ’.R evised Statutes 1909, Bee. 8280.
M O N T A N A .. .................... R evised Codes 1907, sec. 3611.
N E B R A S K A ...................... R evised Statutes 1913, secs. 1542, 8769.
N E W M E X I C O ........ ....S t a t u t e s 1915, sec. 3430.
N E W Y O R K ......................Birdseye Consolidated Laws (2d ed .)
Domestic Relations, ch. 14, sec. 5.
1917,
vol.
2,
■N O R T H D A K O T A ......... Compiled Laws 1913, sec. 4359.
P O R T O R I C O . . ' ..............(See footnote to section 5717 of the R evised Statutes and
Codes 1911.)
S O U T H D A K O T A .......... R evised Codes 1903 (C ivil), sec. 38.
U T A H ................— . . . . . .Com piled Laws 1917, sec. 2966.
W Y O M I N G ........................Compiled Statutes. 1910, sec. 3917.
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68
*
IL L E G IT IM A C Y L A W S . -
INHERITANCE.
'
A L A B A M A ......... ........... .Code 1907, secs. 3760-3761.
A L A S K A ...... ....................... Compiled Laws 1913, secs. 597-593.
A R I Z O N A ................. .......... R evised Statutes 1913, Civil Code, secs. 1103-1104:
;
A R K A N S A S .......................K irby and Castle’s Digest 1916, sec. 2852.
C A L I F O R N I A ............... .D eering’s Civil Code 1915, secs. 1387-1388.
C O L O R A D O ...... ............... R evised Statutes 1908, secs. 7046, 7049.
C O N N E C T IC U T ............... General Statutes 1918, sec. 5061.
•
D E L A W A R E ........ ..............R evised Code 1915, secs. 3087-, 3087a, as added b y Laws
1917, ch. -229, 3269.
D I S T R IC T
OF
CO
L U M B I A .............. ........... Code of Law 1911, secs. 387, 957-958.
F L O R I D A ........................... General Statutes 1906, sec. 2292.
G E O R G I A .................... ’. . .P ark’s Annotated Code 1914 (C ivil), secs. 3029-3030.
H A W A I I .............................R evised Laws 1915, secs. 3248-3249, 2995.
I D A H O .................................R evised Codes 1908, secs. 5703-5704.
I L L I N O I S .....................i . .H u r d ’s R evised Statutes 1917, ch. 39, secs. 2 -3 .
I N D I A N A . . . ...................... Burns’ Annotated Statutes 1914, secs. 2998, 3000, 3002.
I O W A ........................ ............ Code 1897, secs. 3384-3385.
K A N S A S . . . . . . . . . ____ .General Statutes 1915; secs. 3844-3847.
K E N T U C K Y ../. .............Statutes 1915, secs. 1397-1398.
L O U I S I A N A ............. ...... .M arr’s Annotated Revised Statutes 1915, sec-. 4142.
Merrick’s Revised Civil Code 1912, arts. 206-212, 9 l7 —
929, 933, 949, 954, 1483-1488.
M A I N E ............ .....................Revised Statutes 1916, ch. 65, sec. 13; ch. 80, sec. 3.
M A R Y L A N D .................‘..A n n o ta ted Code, v o l. 1 (1911), art. 46, secs. 2 9 -3 0 ; vol.
2 (1911), art. 93, sec: 134.
M A S S A C H U S E T T S ____ Revised Laws 1902, ch. 133, secs. 3 -5 .
M I C H I G A N .. . . . . . . . . . . Compiled Laws 1915, secs. 11796-1T798.
M IN N E S O T A ................... General Statutes 1913, secs. 7240-7241.
M IS S IS S IP P I................ ..C o d e 1906, sec. 1655.
M I S S O U R I . . . . . . . . . ____ Revised Statutes 1909, sec. 340.
M O N T A N A ......................... Revised Codes 1907, secs. 4821-4822.
N E B R A S K A .......................R evised Statutes 1913, secs. 1273-1274.
N E V A D A ........................... R evised Laws 1912, secs. 6117-6118.
N E W H A M P S H I R E .. .P u b lic Statutes 1901, ch. 196, sec. 4 (Supplem ent 1913,
p. 462), sec. 5; ch. 174, sec. 18.
N E W J E R S E Y ................Com piled' Statutes 1910, vo l. 2, p . 1923, sec. 13, as
amended b y Laws. 1917, chs. 139 and 246; vo l. 3, p.
3874, sec. 169, as amended b y Laws 1918, ch. 63. •
N E W M E X I C O ................ Statutes 1915, secs. 1850, as amended b y Laws 1915, ch.
69
(see also Statutes 1915, A pp endix, p . 106); 1851;
1856.
N E W Y O R K ......................Birdseye
Consolidated L aw s
(2d
ed .)
1917,
vol.
2.,
Decedent E state, ch. 13, secs. 89, 98.
N O R T H C A R O L I N A ...P e l l ’s R evisal 1908, secs. 136-137, 264; sec. 1556, ru le 9,
Supplem ent T913 (as amended b y Laws 1913, ch. 71);
rules 10 and 13.
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69
IN H E R IT A N C E — Continued.
N O R T H D A K O T A .........Compiled Laws 1913, secs. 5745-5746.
Laws 1917, ch. 70, sec. 1.
O H I O ....................................General Code 1910, secs. 8590-8591.
O K L A H O M A ....................Revised Laws 1910, secs. 8420-8421.
O R E G O N ...... ...................... Lord’s Oregon Laws 1910, secs. 7351-7352.
. Laws 1917, ch. 48, sec. 14.
P E N N S Y L V A N I A .......... Stewart’s Purdon’s Digest 1700-1903, vol. 2, p. 2004,
,
secs. 52 (in part repealed b y Laws 1917, No. 192, pp.
444-445), 55.
Laws 1917, No. 192, secs. 14-15, 2 7-28.
P O R T O R I C O .................. Revised Statutes and Codes 1911, secs. 3265,
3809,
3886-3891, 4001, 4005-4009.
R H O D E I S L A N D ...........General Laws 1909, ch. 316, sec. 7.
S O U T H C A R O L I N A ...C o d e 1912 (C ivil), secs. 3454, 3562, 3575, 3798.
S O U T H D A K O T A ..........R evised Codes 1903 (C ivil), secs. 1096-1097.
T E N N E S S E E .................... Thompson’s
Shannon’s
Code
1918,
secs.
4166-4167
(sec. 4168 was declared unconstitutional in 130 Tenn.
494), 4169.
T E X A S ................ ............ ..R e v is e d Statutes 1911 (C ivil), arts. 2472-2473.
U T A H ........................... . .-C om p iled Laws 1917, secs. 6413-6414, 6428-6430.
V E R M O N T ........................General Laws 1917, secs. 3418-3419.
V I R G I N I A .......................Code 1904, secs. 2552-2554.
W A S H IN G T O N ............. .R em in gton ’s Codes and Statutes 1915, secs. 1345-1346.
W E S T V I R G I N I A _____ Barnes’ Code 1916, ch. 78, secs. 5 -6 .
W I S C O N S I N ...________ Statutes 1917, secs. 2273-2274.
W Y O M I N G ........................ Compiled Statutes 1910, secs. 5731-5733.
JU VE N ILE C O U R T S .— Petition to state name of mother of child of illegitimate
birth.
Notice to mother.
(For consent to adoption under juvenile court laws, see
“ A d option . ” )
A R K A N S A S .......................K irb y and Castle’s Digest 1916, sec. 1568.
I L L I N O I S ...................... . .H u r d ’s Revised Statutes 1917, ch. 23, secs. 172-173.
K E N T U C K Y .........¿ .....S t a t u t e s 1915, sec. 331e.4.
M IC H I G A N ......... ...............Compiled Laws 1915, sec. 2017 (juvenile court law pro
vides relief for unmarried mother of dependents).
M IN N E S O T A ......... ...........Laws 1917, ch. 397, sec. 1 (child of illegitim ate birth is
classed as a “ d ependent” in the juvenile court law ).
M O N T A N A . . . . . . . . . . . . Laws 1911, ch. 122, sec. 5,
N E V A D A . . . . .................. .R evised Laws 1912, sec. 731.
N O R T H D A K O T A .....L a w s 1911, ch. 177, secs. 5 -6 .
S O U T H D A K O T A . . . . . Laws 1915, ch. 119, secs. 5 -6 .
W E S T V I R G I N I A ..........Laws 1915, ch. 70, secs. 4 ; 5, as amended b y Laws 1917,
ch. 63.
L E G IT IM A C Y , P R E S U M P T IO N O F , E T C .
C A L I F O R N I A .. . . . . . . .D eerin g’s Civil Code, secs. 193-195,
Deering’s Code of Civil Procedure, secs. 1962 (5), 1963
(31).
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70
IL L E G IT IM A C Y L A W S .
L E G IT IM A C Y , P R E S U M P T IO N O F , E T C — Continued.
G E O R G I A ............. ............Park’s Annotated Code 1914 (C ivil), sec. 3012.
L O U I S I A N A ...................... Merrick’s
Revised
Civil
Code
1912,
arts.
184-197;
208-212.
M O N T A N A .........................R evised Codes 1907, secs. 3738-3740.
N O R T H D A K O T A .........Compiled Laws 1913, secs. 4420-4422, 7935 (5), 7936 (31).
O K L A H O M A .................... Revised Laws 1910, secs. 4364-4366.
O R E G O N ............................. Lord’s Oregon Laws 1910, secs. 798 (6), 799 (32).
P O R T O R I C O .................. Revised Statutes and Codes 1911, secs. 3250-3256.
S O U T H D A K O T A ..........Revised Codes 1903 (Civil),- secs. 107-109.
L E G IT IM A T IO N , M E T H O D S O F . B y subsequent marriage of parents, b y judicial
proceeding, b y writing, and b y open and notorious acknowledgment or b y adoption
of child b y father:
A L A B A M A .........................Code 1907, secs. 5199-5201.
A L A S K A .............................. Compiled Laws 1913, secs. 438, 597-598.
A R I Z O N A ........................... Revised Statutes 1913, Civil Code, secs. 1103, 1198,
3840.
A R K A N S A S ......................K ir b y and Castle’s Digest 1916, sec. 2853.
.
C A L I F O R N I A ...................Deering’s Civil Code 1915, secs. 215, 230, 1387.
C O L O R A D O .......... ......... .R evised Statutes 1908, sec. 7046.
C O N N E C T I C U T .___...G e n e r a l Statutes 1918, sec. 5061.
DELAW ARE.
D IS T R IC T
OF
------ . . . (No provisions.)
CO
L U M B I A .........................Code of Law 1911, sec. 957.
F L O R I D A ...........................General Statutes 1906, sec. 2602.
G E O R G I A ......................... .Park’s Annotated Code 1914 (Civil), secs. 3012-3013.
H A W A I I ............... ...............Revised Laws 1915, sec. 2996.
I D A H O ................................. Revised Codes 1908, secs. 2699, 2709, 5703.
I L L I N O I S ........................... H urd’s Revised Statutes 1917, ch. 17, sec. 15; ch. 39,
sec. 3.
I N D I A N A .. . . . . . . . ____ .B u rn s’ Annotated Statutes 1914, secs. 3000-3001.
I O W A ........... .. ................... .Code 1897, secs. 3150, 3385.
«K A N S A S
. . . . . . . . . . . General Statutes 1915, sec. 3845.
K E N T U C K Y .....................Statutes 1915, sec. 1398.
L O U I S I A N A ..................... Marr’s Annotated Revised Statutes 1915, secs. 414 2 4143.
Merrick’s Revised Civil Code 1912, arts. 198-201, 2 0 3 206.
M A I N E ................................. Revised Statutes 1916, ch. 80, sec. 3.
M A R Y L A N D .......... 1 . . . . Annotated Code, vol. 1 (1911), art. 46, sec. 29.
M A S S A C H U S E T T S .___Revised Laws 1902, ch. 133, sec. 5.
M IC H I G A N ........................Compiled Laws 1915, secs. 11387-11391. 11798.
M IN N E S O T A .................... General Statutes 1913, secs. 7105, 7240.
#
M IS S IS S IP P I ............ .
.Code 1906, sec. 542, as amended b y Laws 1910, ch. 185;
sec. 1655.
M IS S O U R I ................. ....R e v i s e d Statutes 1909, secs. 341, 344.
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L E G IT IM A T IO N , M E T H O D S O F — Continued.
M O N T A N A ........................R evised Codes 1907„ sees. 3760, 3770, 4821.
• N E B R A S K A ...... ........... .. .R evised Statutes 1013, spc. 1273.
N E V A D A ........ ................ .. .R evised Laws 1912, sec®. 2351, 5833, 6117.
N E W H A M P S H I R E .. . Public Statutes 1901, eh . 174, sec. 18.
N E W J E R S E Y . ------------Compiled Statutes 191®, v d . 3 , p . 3874, sec. 169, as
am ended fey Laws 1918, ch. 63.
Laws 1914, da. -5, sec. 1 .
Laws 1915, ch. 173, secs. 1 -3 .
N E W M E X I C O ------------- Statutes 1915, sec. 1850, as amended b y Laws 1915, ch.
69 (see also Statutes 1915,, Appendix, p. 106).; 1852:
N E W Y O R K ......................Birdseye Consolidated Laws (2d ed.) 1917, vol. 2, Do
mestic Relations, ch. 14, sec. 24.
N O R T H C A R O L I N A . . . P e ll’s R e v is a ll9 0 8 , secs. 263-264.
- Laws 1917, eh. 219, sees. 1 -2 .
N O R T H D A K O T A --------Compiled Laws 1113, secs. 4421, 4450, 5745.
Laws 1917, eh. 70, secs. 1 -3 .
O H IO . .................................. General Code 1910, sec. 8591.
O K L A H O M A ..................... Revised Law s 1910, secs. 4365; 4399, as amended by
Laws 1910-1911, p . 169, ch . 73; sec. 8420.
O R E G O N .................. .......... Lord’s Oregon Laws 1910, secs. 7026, 7351-7352.
Law® 1917, ch . 48, sec. 14.
P E N N S Y L V A N I A .......... Stewart’s Burden’s Digest 1700-1903, vol. 3, p . 2445,
sec. 31 <in part repeated b y Laws 1917, No. 192, pp.
443-444).
Laws, 19.17, N o - 192, sec. 15(d)!
P O R T O R I C O .................Revised Statutes and -Codes 1911, secs. 235, 405, 3250,
3257-3265, 3389, 3809.
R H O D E I S L A N D .. . . .(N o provisions.)
S O U T H C A R O L I N A .. . (N oepecific provisions, b u t consult Civil Code 1912, sec.
3798.) ■
S O U T H D A K O T A .------ Revised Codes 1903 (Civil), secs. 108, 138, 1096..
T E N N E S S E E ................... Thompson’« Shannon’s Code 1918, secs. 5402,5406-5408,
5412-5413, 6027 (10), 6069.
T E X A S ......................... . . .R evised Statutes 1911 (C ivil), art. 2472.
U T A H ....................................Compiled Laws 1917, secs. 19, 393, 6413.
V E R M O N T ......... .............. General Laws 1917, sec. 3419.
V I R G I N I A ..........................Code 1904, see. 2553.
W A S H I N G T O N ................ Remangton’ s Codes and Statutes 1915, secs. 1345, 7155.
W E S T V I R G I N I A .------ Barnes’ Code 1916, eh. 78, see. 6 .
W IS C O N S IN ............. .. . .Statutes 1917, secs. 2274 , 2339n-25.
W Y O M I N G .: -----------------Oempifed-Statutes 191®, see. 5731. •
•M A R R IA G E A N D D IV O R C E .— Effect of void and annulled marriages and of divorce
on legitimacy of children, etc.-:
A L A B A M A .. . . . . . . . . ...C o d e 1907, secs. 3807, 4880.
A L A S K A ........................... .'Compiled Laws 1913, sec. 597.
Laws 1917, ch. 5 8 , secs. 12-14.
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Federal Reserve Bank of St. Louis
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t;
'
IL L E G IT IM A C Y L A W S .
M A R R IA G E A N D D IV O R C E — Continued.
A R I Z O N A .............. ..... R e v i s e d Statutes 1913, Civil Code, secs,. 1103; 3864. as
amended b y Laws 1917, ch. 54.
A R K A N S A S . . . . , ____..K i r b y and Castle’s Digest 1916, secs. 2854, 2887, 6085,
6095-6096, 6098, 6105.
C A L I F O R N I A .. . . . . . . . Deering’s Civil Code 1915, secs. 84, 144-145, 194, 1387.
C O L O R A D O . . . . . . . . . . . . Revised Statutes 1908, sec. 2112 (apparently superseded
b y Laws 1915, ch. 74, and Laws, 1917, ch. 65).
C O N N E C T I C U T .____ ..G en eral Statutes 1918, secs. 5289-5293.
D E L A W A R E ..................... Revised Code 1915, secs. 3029-3030D IS T R IC T
OF
CO
L U M B I A .................. .. r .Code of Law 1911, secs. 972-974.
F L O R I D A . . . . . . _______General Statutes 1906, secs. 1929, 2579, 2586.
G E O R G I A ....... ................... Park’s Annotated Code 1914 (C ivil), secs. 2180, 2935,
2963, 3012.
Park’s Annotated Code 1914 (Penal), sec. 369.
H A W A I I ..............................Revised Laws 1915, secs. 2922-2923, 2940-2941.
I D A H O ......................... ..
-R evised Codes 1908, secs. 2642, 2669, 5703.
I L L I N O I S ..___ . . . . . . ..H u r d ’s R evised Statutes 1917, ch. 40, sec. 3; ch. 89,
secs. 4, 18.
I N D I A N A ............................Burns’ Annotated Statutes 1914, secs. 1060-1064.
I O W A .....................................Code 1897, secs. 3175, 3185-3186.
K A N S A S .............................. General Statutes 1915, sec. 7585.
K E N T U C K Y ..- ................Statutes 1915, secs. 166, 1399a-1399b, 2098-2099.
L O U I S I A N A ........... ' . ____ Marr’s Annotated R evised Statutes 1915, secs. 445 3 4454.
Merrick’s 1 Revised
Civil
Code
1912,
arts.
181-183,
198, 204.
M A I N E : I.............______K .Rfevised'-Statutes' 1916, ch. 65, secs. 1 3 ,1 6 -1 7 .
’
M A R Y L A N D ____ . . . . . .(N o provisions.)
M A S S A C H U S E T T S ____ Revised Laws 1902, ch. 151, sees. 6, 12-13 (sec. 14
repealed), 15; ch. 152, sec. 22.
Laws 1902, ch. 310, secs. 1 -2 .
M IC H I G A N ......... ; .............Compiled Laws 1915, secs. 11367, 11387-11392, 1141811420.
M IN N E S O T A ......... .....G e n e r a l Statutes 1913, sec. 7105.
’ .
M IS S IS S IP P I...................C o d e 1906, sec. 1670.
M IS S O U R I ................. ....R e v i s e d Statutes 1909, secs. 342, 2370, 8291.
M O N T A N A .. . . . . . . . . . .R evised Codes 1907, secs. 3638, 3683-3684, 4821.
N E B R A S K A .......................Revised Statutes 1913, secs. 1591-1594, 1608.
N E V A D A ... ....................... Revised Laws 1912, secs. 2339, 6117.
N E W H A M P S H I R E ., .P u b lic Statutes 1901, ch; 174, sec. 3; ch. 175, se c .:7.
N E W J E R S E Y .... .....C o m p i l e d Statutes 1910, vol. 2 , p . 2022, sec. 1.
N E W M E X I C O ............ ..S ta tu te s 1915, sec. 3434.
N E W Y O R K ...................... Parson’s Code of Civil Procedure 1918, secs.
1749, 1759-1760.
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R EFE R E N CE IN D E X TO L A W S OF T H E U N IT E D ST A T E S.
73
M A R R IA G E A N D D IV p R G E — Continued.
N O R T H C A R O L I N A . .P e l l ’s Revisal 1908, secs. 1556, rule 13, 1569, 2083.
Supplem ent 1913, p. 2087 (see also Laws of 1911, ch. 215
and 1913, ch. 123), as amended b y Laws 1917, ch. 135.
N O R T H D A K O T A ......... Compiled Laws 1913, secs. 4394-4395, 4370, 5745.
O H I O . . . . ............................. General Code 1910, secs. 8591, 11987.
O K L A H O M A .. . . . . ____Revised Laws 1910, secs. 4974, 8420.
O R E G O N ..........................L o r d ’s Oregon Laws 1910, sec. 7026.
P E N N S Y L V A N I A . . . . .Stew art’s Purdon’s Digest
1700-1903, vol. 1,
p.
1247,
sec. 32; vol. 3, p . 2446, secs. 32-33.
P O R T O R I C O . . . . . ____(N o specific provisions.)
R H O D E I S L A N D ............General Laws 1909, ch. 243, secs. 2 -3 .
S O U T H C A R O L I N A .. .Code 1912 (C ivil), sec. 3756 (Slave marriages).
S O U T H D A K O T A ...........Revised Codes 1903 (C ivil), secs. 63, 81-82 , 1096.
T E N N E S S E E ..................Thom pson’s Shannon’s Code 1918, secs. 4179, 4198-4200,
4229.
T E X A S ................................. Revised Statutes
1911 (C ivil), arts. 2472, 4614-4616,
4636.
U T A H ........................... ....C o m p ile d Laws 1917, secs. 2968, 6413.
V E R M O N T ....................... General Laws 1917, secs. 3546, 3553, 3597.
V I R G I N I A . ....................... Code 1904, secs. 2227, 2554.
W A S H I N G T O N . . . . . . . . (N o provisions.)
W E S T V I R G I N I A . ....B a r n e s ’ Code 1916, ch. 63, sec. 8 ; ch. 78, sec. 7.
W I S C O N S I N ..................... Statutes 1917, secs. 2339n-24 to 2339n-25.
W Y O M I N G ......................... Compiled Statutes 1910, secs. 3941-3944.
M A T E R N IT Y
H O S P IT A L S ,
L Y IN G -IN
H O M ES,
B O A R D IN G
HOMES
FOR
IN F A N T S .— Provisions for admission of illegitimate children and for records, etc.,
regarding same.
im acy.
(References are made only to those laws w hich specify illegit
Approxim ately 18 to 2 0 .States have laws on the subject.)
I N D I A N A .......................... Burns’ Annotated Statutes 1914, secs. 3678a-3.678n;
(secs. 3678c, 3678h-3678k apply specifically).
M A I N E ........ . .................. ..R e v is e d Statutes 1916, ch. 64, sec. 58, as amended by
Laws 1917, ch. 176.
' . Laws 1917, ch. 149, secs. 1 -4 .
M I N N E S O T A .. . . . . . . . .Law s 1917, ch. 212, secs. 8 -1 0 .
N O R T H D A K O T A .....L a w s 1915, ch. 183, secs. 3, 8, 1 0-11.
W I S C O N S I N .......... ...........Statutes 1917, secs. 1542a-1542g.
llA M E .— Provisions, as to whose name child shall bear (Consult also “ I lle g it im a c y
P r o c e e d in g s ” ).
A L A B A M A .................
... Code 1907, sec. 5201.
H A W A I I .. . .........................Revised Laws 1915, secs. 3070-3071.
P E N N S Y L V A N I A . .* .. .Stew art’s Purdon’s D igest 1700-1903, v o l."2 , p. 2004,
secs. 52 (in part repealed b y
Laws
1917, No. 192,
pp. 443-444), 55; vol. 3 , p. 3197, sec. 4.
P O R T O R I C O .................R evised Statutes and Codes 1911, ^ec. 3256.
T E N N E S S E E . ......¿ .. T h o m p s o n ’s Shannon’s Code 1918, sec. 5412.
W IS C O N S IN ...................... Statutes 1917, sec. 1022-30 (item 21).
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74
IL L E G IT IM A C Y L A W S .
R E S ID E N C E , S E T T L E M E N T , D O M IC IL E .— Illegitim ate child to have residence
of mother; settlement for obtaining benefits of poor laws.
G E O R G I A . . . . . . . . . . ____Park’s Annotated Code 1914 (d iv il), sec. 2184.
I N D I A N A ......................... B urns’ Annotated Statutes 1914, sec. 9745..
I O W A .. . . . . . . . . . . ..w . . .Code 1897, sec. 2224(5).
K A N S A S .. . . . . . . . . . . . . G e n e r a l S t a t u t e s 1915, sec. 6821 (item 3).
M A I N E .............. . . . . . . . . .R e v ise d Statutes 1916, ch. 29, sec. 1.
M A S S A C H U S E T T S . ...L a w s 1911, ch. 6 6 9 ,sec. 1 (repeals R evised Laws 1902,
ch. 80).
N E W H A M P S H I R E . . . Public Statutes 1901, ch. 83, sec. 1 (item 3).
N E W J E R S E Y ............. .. .Com piled Statutes 1910, vol. 3, p . 4012, sec. 4 , supersed
ed b y Laws 1911, ch. 196, sec. 9 , as amended b y Laws
1912, ch. 14.
N O R T H C A R O L I N A . .P e ll’ s Révisai 1908, sec. 1333 (item 4 ).
N O R T H D A K O T A .____Compiled Laws 1913, sec. 2501 (item 3).
O K L A H O M A ---------- . . . .R evised Laws 1910, sec. 4534.
P E N N S Y L V A N I A .____ Stewart’s Purdon’s Digest 1700-1903, vol.
3,
p.
3566,
sec. 60.
R H O D E I S L A N D .......... General Laws 1909, ch. 92, sec. 1 (item 3).
S O U T H C A R O L I N A . ..C o d e 1912 (C ivil), sec. 1530 (item 3).
S O U T H D A K O T A ..........Revised Codes 1903 (Political), sec. 2764 (item 3 ).
U T A H . . . . ____. . . . . . . ..C o m p iled Laws 1917, sec. 1400x44.
W I S C O N S I N ....____ . . . . .Statutes 1917, sec.. 1500 (item 3).
W O R K M E N ’ S C O M P E N S A T IO N L A W S — Those specifically applied to illegiti
mate or to acknowledged illegitimate children in defining children entitled to the
benefits of the law .
—
H A W A I I ............................. Laws 1915, act 221, sec. 10, as amended b y Law s 1917,
a c t 227..
I D A H O .......... . . . . . . . . . . . L a w s 1917, ch. 8 1 ,sec. 14.
I N D I A N A ............................Laws 1915, ch. 106, sec. 38.
K E N T U C K Y ............. ........ Laws 1916, ch. 3 3, sec. 14.
L O U I S I A N A ______ _____ Marr’s Annotated. Revised Statutes 1915, sec. 3967, as
amended b y Laws 1918, No. 38.
M O N T A N A ........................Law s 1915, ch. 96, sec. 6p.
N E V A D A ................ ............ Laws 1913, eh. I l l , sec. 2 6 , as amended fey Laws 1917,
ch. 233.
'
x
N E W J E R S E Y . . . . . .....L a w s 1911, ch. 95, sec. 1 2 , as amended fey Laws 1914,
ch. 244.
N E W M E X I C O ................ Laws 1917, ch. 83, sec. 12 (j and k ).
N E W Y O R K *.. . . - . ............Birdseye
Consolidated Laws
(2d
ed.)
1917, vol.
8,
W orkm en’s Compensation, ch. 6 7 , sec.' 3.
O R E G O N ................ ............ Laws 1913, eh. 112, sec. 14, as amended b y Laws 1917,
c h .‘2S8„
P O R T O R I C O ...............L a w s 1918, No. 19, sec.'3.
V E R M O N T ................ ..
.General Laws 1917, see. 5759.
V I R G I N I A ........ ......... ....L a w s 1918, eh. 400, sec. 4 0.
W A S H I N G T O N ................ Remington’s Codes and Statutes 1915, sec. 6604-3, aa
amended b y Laws 1917, ch. 120, se e. 1 .
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R EFE R E N CE IN D E X TO L A W S OF T H E U N IT E D STATE S.
75
MISCELLANEOUS.
M IS S IS S IP P I.............. ¿ ..C o d e 1906, sec. 721, as am ended b y Laws 1914, ch. 214
(Death b y wrongful act— illegitimate child m ay re
cover for death of mother).
S O U T H C A R O L I N A ...C o d e 1912 (C ivil), sees. 3454,. 3562, 3575 (Death b y
. wrongful act— illegitimate
death of mother).
child
m ay
recover
for
SUPPORT L E G ISL A T IO N .
ILLEGITIMACY PROCEEDINGS— Legislation for the support of the illegitimate
child; proceedings against the father.
A L A B A M A .......... . . . ...........Code 1907, secs. 6364-6388.
A L A S K A ............................. (No provisions.)
A R I Z O N A ............................Revised Statutes 1913, Penal Code, .secs. 369-381.
A R K A N S A S . .....................K irb y and Castle’s Digest 1916, secs. 587-600, sec. 1493
(Jurisdiction); Constitution art. 7, sec. 28 (Jurisdic
tion).
C A L I F O R N I A .................. Deering’s Civil Code 1915, sec. 196a (Support of illegiti
mate ch ild ); secs. 138-140 (Provisions for enforcement
of section 196a).
C O L O R A D O ............ .......... Revised Statutes 1908, secs. 353-358.
C O N N E C T I C U T .......G e n e r a l Statutes 1918, secs. 6006-6015, 6160.
D E L A W A R E ............ ....R e v i s e d Code 1915, secs. 3072-3076; 3077, as amended
b y Laws 1917, ch. 228; 3078-3088 (Secs. 546, 3804,
3992, 4001-4003, 4237, 4466 constitute certain juris
dictional and other provisions).
D IS T R IC T
OF
CO-
L U M B I A ......................... 37 U . S. Statutes at Large, p. 134, ch. 171, sees. 1 -8 .
~
F L O R I D A ........................... General Statutes 1906, secs. 2598-2602.
G E O R G I A ........................... Park’s Annotated Code 1914 (Penal), secs. 682,1330-1336.
H A W A I I ...............................Revised Laws 1915, secs. 2272-2273, 2478, 3005-3015.
ID A H O .
................(No provisions.)
I L L I N O I S ....................... ..H u r d ’s Revised Statutes 1917, ch. 17, sees. 1 -17.
I N D I A N A ........................ Burns’ Annotated Statutes 1914, secs. 1013-1034, 1063,
1382 (10), 8377-8380.
I O W A ............................. ..
Code 1897, secs. 5629-5636.
K A N S A S ................... .....G e n e r a l Statutes 1915, secs. 5117-5138.
K E N T U C K Y .................Statutes 1915, secs. 166-181.
L O U I S I A N A ...................... Merrick’s Revised Civil Code 1912, arts. 210, 239-245.
*
(See also . “ C a r e a n d S u p p o r t . ”
Louisiana has no
law conforming to provisions in other States.)
M A I N E , . . . ................ ...R e v is e d Statutes 1916, ch. 85, sec. 59. Ch. 1Q2, secs.
1 -6 ; 7, as amended b y Laws 1917, ch. 84; 8 -9 ; 10, as
amended b y Laws 1917, ch. 158, sec. 11.
M A R Y L A N D ...... .............Annotated Code, vol. 3 (1914), art. 12, secs. 1 -12.
M ASSACH U SETTS —
.R evised Laws 1902, ch. 84, sec. 4, as amended b y Laws
1909, ch. 208.
Laws 1913, ch. 563, secs.
1918, ch. 199.
1 -7 ; 8, as added b y Laws
M I C H I G A N . . . . . . . . . . . . C o m p i l e d Laws 1915, secs. 7753-7763,'7794, 15700.
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76
IL L E G IT IM A C Y L A W S .
ILLEGITIMACY PROCEEDINGS— Continued.
M I N N E S O T A . . . . . ..........General Statutes 1913, secs. 3214-3224, as amended b y
Laws 1917, ch. 210, sec. 1; 3225a-3225e, as added b y
Laws 1917, ch. 210, sec. 1 (sec. 2 : Constitutionality)j
8703a, as added b y Laws 1917, ch. 211.
Laws 1917, ch. 194, secs. 2 -5 ; ch. 212, sec. 10.
M IS S IS S IP P I....................Code 1906, secs. 268-283.
M IS S O U R I......................... (No provisions.)
M O N T A N A ................ ..........Revised Codes 1907, secs. 9576-9583.
N E B R A S K A .. . . . . . . . .R evised Statutes 1913, secs. 357-364.
N E V A D A ......................... Revised Laws 1912, secs. 765-766.
N E W H A M P S H I R E .. .P u blic Statutes 1901, ch. 87, secs, 1; 2, Supplement 1913,
p . 161; 3 -1 2 ; ch. 204, sec. 4.
N E W J E R S E Y ----- .....C o m p i l e d Statutes 1910, vol. 1, p. 184, secs. 1 -3 4 ; vol.
3, p. 3981, sec. 35; p. 4004, sec. 133.
Laws 1912, ch. 103, secs. 1 -3 .
N E W M E X I C O ...............(No provisions.)
N E W Y O R K ............. ....B i r d s e y e
Consolidated
Laws
(2d
e d .)
1917,
vol.
4,
Judiciary Law, ch. 30, sec. 4 ; vol. 5, Penal Law, ch.
40, sec. 1843; vol. 6, Poor Law, ch. 42, secs. 6 0 -7 5 ;
vol. 7, Second Class Cities, ch. 53, sec. 185.
Bender’s Code
■ 838-886.
of
Criminal
Procedure
1918,
secs.
N O R T H C A R O L I N A ...P e ll’s Revisal 1908, secs. 252-264, 1915-1919.
N O R T H D A K O T A ......... Compiled Laws 1913, secs; 10483-10500.
Laws 1917, ch. .70, secs. 1 -3 .
O H I O ___ . . . . . . . ¿ . . . . . . G e n e r a l Code 1910, secs. 12110-12135.
O K L A H O M A .. . . . . . . . . R e v i s e d
«»-tj
Laws 1910, secs. 1816, as amended b y Laws
1917, ch. 119 (Jurisdiction of County Court); 3885,
.
4401-4406; 4407, as amended b y Laws 1915; ch. 91,
4408-4411.
O R E G O N ......................... Laws 1917, ch. 48, secs. 1 -14.
P E N N S Y L V A N I A ......... Stewart’s Purdon’s D igest.1700-1903, vol. 1, p. 955, secs.
247-248; Supplement
secs. 52-57.
1905-1915,
vol.
5,
p.
5852,
Laws 1917, No. 145, secs. 1 -3 .
P O R T O R I C O . . . . . . . . .R evised Statutes and Codes 1911, secs. 3263-3267.
(N o
provisions conforming to laws in the States.)
R H O D E I S L A N D .. . ..G en era l Laws 1909, ch. 95, secs. 1 -3 ; 4r-5, as amended
b y Laws 1915, ch. 1215; 6—8; 9, as amended b y Laws
1915, ch. 1215; J 0-11; 12-14, as amended b y Laws
1915, ch. 1215, 15-18.
S O U T H C A R O L I N A . . .Code 1912 (Criminal), secs. 691-695; (C ivil), sec. 974.
S O U T H D A K O T A ..........Revised Codes 1903 (C ivil), secs. 107-109.
“ L e g it im a c y , P r e s u m p t io n
o p
(See also
” ).
Revised Codes 1903 (Civil Procedure), secs. 807-816.
T E N N E S S E E ............
.Thom pson’s Shannon’s Code 1918, secs. 2707, 6Ô40,
6931 (1),-7332-7353.
T E X A S . . . . . . . . . . . . . . . (N o provisions.)
U T A H .................. ..............C o m p ile d Laws 1917, secs. 380-395.
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77
R EFE R E N CE IN D E X TO L A W S OF T H E U N IT E D STATE S.
ILLEGITIMACY PROCEEDINGS— Continued.
V E R M O N T ......................... General Laws 1917, secs. 2343-2351; 2417-2419, 36083632.
(For jurisdiction of city and municipal courts,
see Laws of 1908, No. 62.)
V I R G I N I A . . 1 . . _______ (No provisions.)
W A S H I N G T O N . . . . . . . . (No provisions.)
W E S T V I R G I N I A ..........Barnes’ Code 1916, ch. 80, secs. 1 -6 .
W I S C O N S I N .. ...............Statutes 1917, secs.
1533m, 1534-1542.
750.2,
1530-1533,
1533a-1533b,
W Y O M I N G . . . . . . ............Compiled Statutes 1910, secs. 6371-6394.
CARE AND SUPPORT.— Legal liability of parent to support child; support by
public authorities, etc.
C A L I F O R N I A .. . . . . . . . Deering’s Civil Code 1915, sec. 196 (apparently appli
cable to mother who, under sec. 200, has custody of
the child), 196a. .(S e e
c e e d in g s . ”
also
‘1I l l e g i t i m a c y
P ro
)
Deering’s Political Code, sec. 2290: Care and Support
of Foundlings.
C O N N E C T IC U T ____ ...G e n e r a l Statutes 1918, sec. 1795.
D E L A W A R E ____ . . . . . . R e v i s e d Code 1915, sec. 3034.
G E O R G I A ................ . . . . . P a r k ’s Annotated Code 1914 (C ivil), sec. 3027; (Penal),
sec. 379.
H A W A I I . . . .................. ...R e v is e d Laws 1915, sec. 2995.
’ ,
I O W A ........ ......C o d e 1897, secs. 2216, 2250.
L O U I S I A N A ...................... Merrick’s Revised Civil Code 1912, arts. 239-245.
M I N N E S O T A .. . . . . . . . .Law s 1917, ch. 194, secs. 2 -5 ; ch. 397, sec. 1.
(Juvenile
court laws: Illegitimate classed as “ dependent.” )
M O N T A N A ................. ....R e v is e d Codes 1907, sec. 3741.
N O R T H D A K O T A .. . . .L aw s 1917, ch. 70, sec. 1.
O K L A H O M A ..................... R evised Laws 1910, sec. 4367.
P O R T O R I C O ...................R evised Statutes and
3283-3290.
Codes 1911,
secs.
3266-3267,
MOTHERS’ PENSIONS.— B y the end of 1918, 36 States had adopted mothers’
pension laws.
One of these States— M ichigan— specifically makes provision for aid
to “ unmarried ” mothers.
In Massachusetts, New Hampshire, North Dakota, and
U tah the laws apply to “ all m others,” bu t the conditions imposed as to character
m ight exclude the mother of a child of illegitimate birth.
Under the language of
the laws of the other States listed it would seem possible to extend aid to the
mother of a child of illegitimate birth also; restrictions as to character.are imposed
in these States also.
In 26 States the mothers of children of illegitimate birth are
not included.
C O L O R A D O ....................... R evised Statutes 1908, sec. 558, as amended b y Laws
1913, p. 694.
M A S S A C H U S E T T S ... .L aw s 1913, ch. 763, secs. 1 -4 .
M I C H I G A N . . . . . . . . . . . . Compiled Laws 1915, sec. 2017.
M IS S O U R I ........................L a w s 1917, p . 151, secs. 1 -1 0
M O N T A N A ..........................Laws 1917, ch. 83, secs. 1 -7 (apparently supersedes Laws
1915, ch. 86).
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78
IL L E G IT IM A C Y L A W S .
M O T H E R S ’ P E N S IO N S — Continued.
N E B R A S K A .............. ....R e v i s e d Statutes 1913, sec. 1250.
Laws 1915, ch. 187, secs. 1 -4 .
N E V A D A ............................. R evised Laws 1912, sec. 739, as amended b y Laws 1913,
ch. 133.
Laws 1915, ch. 131, secs. 1; 2, as amended b y Laws
1917, ch-. 11, secs. 3 -8 .
N E W H A M P S H I R E ___ Laws 1915, eh. 132, secs. 1-10.
N O R T H D A K O T A . ....L a w s 1915, ch. 185, secs. 1 -8 .
U T A H .................................. .Com piled Laws 1917, secs. 3960-3968.
ABANDONM ENT,
D E S E R T IO N , N O N S U P P O R T .— First hereunder are
given
the laws specifically applying to illegitimate children; and second, laws specifying
“ any parent,” “ every person,” “ his or her ch ild ,” etc., since this terminology
would appear to apply both to the putative father and the mother of an illegitimate
child; b u t certain judicial authorities have decided that'the putative father is not
included. O n ly the more advanced type of fam ily desertion and nonsupport leg
islation has been included.
L A W S SPECIFICALLY A P PL Y IN G TO ILL EG IT IM A TE C H ILD R E N .
C A L I F O R N I A ...................Deering’s Penal Code 1915, secs. 270, as amended b y
Laws 1917, ch. 168; 270b, 270d, 271, 271a, 273h.
C O L O R A D O ....... . . . . . Laws 1911, ch. 179, s e c s r i-1 0 .
D E L A W A R E . . . . . . ------R evised Code 1915, secs. 3034-3046, 3088.
I L L I N O I S ........................... H u rd ’s R evised Statutes 1917, ch. 58, secs. 1 -3 .
M A S S A C H U S E T T S . — Laws 1911, ch. 456, secs. 1—4 ; 5 -6 , as amended b y Laws
1918, ch. 257, secs. 453-454; 7; 8, as amended b y Laws
1912, ch. 310.
563, sec. 7.)
(Made applicable b y Laws 1913, ch.
Laws 1917, ch . 163, as amended b y Laws 1918, ch. 257,
sec. 455.
M IN N E S O T A .....................General Statutes
1913, secs. 8666-8668 as am ended,
and 8668A as added, b y Laws 1917, ch. 213.
•
(Made
applicable b y sec. 3218, as amended b y Laws 1917,
ch. 210. (See “ I l l e g i t i m a c y P r o c e e d i n g s . ” )
N E B R A S K A .............. ....R e v i s e d Statutes 1913, secs. 8614-8616.
N E V A D A ----- . . . . . . . . . . .R evised Laws 1912, sec. 766.
N E W H A M P S H IR E —
P ublic Statutes 1901, Supplem ent 1913, p. 518 (1913, ch.
57, sec. 1).
O H I O ..................................... General Code 1910, secs. 13008-13017; 13018, as amended
b y Laws 1913, p. 913; 13019, as amended b y Laws
1911, p. 115, 13020-13021.
P E N N S Y L V A N I A .____ Laws 1917, No. 145, secs. 1 -3 ; No. 290, secs. 1 -6 .
W E S T V I R G I N I A .------ Laws 1917, ch. 51, secs. 1 -9 .
W IS C O N S IN .......................Statutes 1917, secs; 4 58 7 c.l to 4587c.6, 4587d.
LA W S A P P A R E N T L Y A P PL Y IN G TO ILL EG IT IM A TE C H ILD R E N .
-
A L A B A M A ......................... Laws 1915, p. 560, secs. 1 -11.
A L A S K A ..............................Laws 1915, ch. 12, secs. 1 -3 .
A R I Z O N A ..“. . . . ........... ..R e v is e d Statutes 1913, Penal Code secs. 249, 251.
A R K A N S A S .......................K irb y and Castle’s Digest 1916, secs. 1589-1590 (16501651 not applicable).
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Federal Reserve Bank of St. Louis
R EFE R E N CE IN D E X TO L A W S OF TEfE U N IT E D ST A T E S.
79
A B A N D O N M E N T , D E S E R T IO N , N O N S U P P O R T — Continued.
C O N N E C T IC U T ...............General Statutes 1918, sec. 6416.
D IS T R IC T
OF
CO
L U M B I A ...........................34 U / S . Statutes at Large, p. 86, ch. 1131, sees. 1 -3 (see
also Code
*
*
*
1911,
p.
417).
(The
term
“ any person
applies only t'6 parents of lawful children,
and n ot to parents of bastards.” — Moss
States, 29 I). C. A p p . 188.)
v. United
F L O R I D A ...........: .............. Laws 1913, -ch. 6483, sec. 1.
H A W A I I ...............................R evised Laws 1915, sec. 2970, as amended b y Laws
1915, act 100; sec. 2971.
•
I D A H O ............ .....................R evised Codes 1908, secs. 6781-6782, as amended b y
Laws 1915, ch. 83.
I L L I N O I S ............................H u rd ’s R evised Statutes 1917, ch. 68, secs. 27-37 (secs.
24-26 are superseded b y a later act).
I N D I A N A ........ ................... Burns’ Annotated Statutes 1914, secs. 2635; 2635a, as
amended b y Laws 1915, ch. 179; 2635b.
K A N S A S .-------. . . . --------- .General Statutes 1915, secs. 3410-3416.
KENTUCKY.
---------- Laws 1916, ch. 6, secs. 1 -3 .
M A I N E ........ ....................... -R evised Statutes 1916, eh. 120, secs. 38-41.
M IC H I G A N ..............
Compiled Laws 1915, secs. 7789-7793.
M I S S O U R I ....................¿R evised Statutes 1909, sec. 4495, as amended b y Laws
1911, p . 193.'
M O N T A N A ................... ...R e v is e d Codes 1907, sec. 8346, as amended b y Laws
1917, ch. 78.
Laws 1917, eh. 77.
N E V A D A ............................. Laws 1913, ch. 272, secs. 1 -2 .
N E W J E R S E Y ..........— Laws 1916, ch. 45, sec. 1.
Laws 1917, ch. 61, secs. 1 -5 .
N E W Y O R K . . . . . ------ .-B ird sey e Consolidated Laws (2d e d .) 1917, vol. 5, Penal
Law, ch. 40, secs. 480-481.
(Th e term “ parent”
does not include the putative father o f an illegitimate
child.— People v. Fitzgerald (1915), 167 A p p D iv 85
152 N . Y . Rupp. 641.)
N O R T H D A K O T A ......... Compiled Laws 1913, secs. 9595-9600.
O K L A H O M A .................... Laws 1915, ch. 149, secs. 1 -2 .
O R E G O N .......... .............. ..L a w s 1913, eh. 244, sees. 1, as amended b y Laws 1917
■ *i
ch. 136; 2 -8 .
’
T E N N E S S E E ..............
.T h om pson ’s -Shannon’s Code 1918, sec. 4 2 4 9 a -ll e t se q .
(Th e phrase “ any person legally chargeable” does
not appear applicable.)
T E X A S ----------------- -------- .Law s 1913, eh. 101, secs. 1 -7 .
U T A H ..................................-Com piled Laws 1917, secs. 8112-8115.
V E R M O N T ......................... General Laws 1917, secs. 3536-3543.
V I R G I N I A ..........................Code 1904, Supplement 1916, p. 1030 (Laws 1915 ch
1 1 4 ) . ..........................
. . . . .
* ’
Laws 1918, ch. 416, secs. 1 -1 1 .
W A S H I N G T O N .. . . . . . .R em in gton ’s Codes and Statutes 1915, secs
5933-3.
§933-1 to
W Y O M I N G . . . .................. Laws 1915, ch. 72, secs. 1 -6 (apparently supersede Laws
1913, ch. 81).
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Federal Reserve Bank of St. Louis
R E F E R E N C E IN D E X B Y S T A T E S ,
(Citations consecutive.)
ALABAM A:
Code 1907, sections—
711 as amended by Laws 1911 p. 116. . .B irths, registration of.
3760-3761....................... ................... ........ ...... .Inheritance.
3807.................................................... ................... Marriage and divorce.
4877-4878................... ............... .......................... Incestuous marriages.
4880....................................................................... Marriage and divorce.
5199-5201............................................................ Legitimation, methods of.
5 ^ 0 1 .................................................................... Name.
6 3 6 4 -6 3 8 8 .
......... .........................................Illegitim acy proceedings.
Laws 1915, p. 580, secs. 1 -1 1 ............. ...Abandonment,desertion, nonsupport.
ALASKA:
Compiled Laws 1913, sections—
4 38 ........ ......................................... ..
Legitimation, methods of.
4 46. .•.....................................................................Apprenticeship.
597-598........ .............................. ................. ....M a r r ia g e and divorce; inheritance}
legitimation, methods of.
2005-2006....................................... ................... Births and deaths, concealment of.
Laws 1913, ch. 35, sec. 2 ....................................... Births, registration of.
Laws 1915, ch. 12, secs. 1 - 3 . . . . . . . ..... ...A b a n d o n m e n t ,
desertion,
nonsup
port.
Laws 1917, ch. 56, secs. 1 2 -1 4 ........... ................. Marriage and divorce.
A R IZ O N A :
Revised Statutes 1913, Civil Code, sections—
1103-1104........................................... ........ ....M a r r ia g e and divorce; inheritance;
legitim ation, methods of.
1118 . ................ ................................ . . . . . . . . .Guardianship.
1198....................................................... ..
Legitim ation, methods of.
3838............ .................................. ..................... .. Incestuous marriages.
3840.................................. ................ .L egitim ation, methods of.
3864 as amended b y Laws 1917, eh. 5 4 ..Marriage and divorce.
4 4 1 8 . . . . . . . . . . . . ___ ■ ......... .____ . . . . . .Births, registration of.
Revised Statutes 1913, Penal Code, sections—
249, 2 5 1 . . . . . . . . . . . . . . . . . . . . . . . . ..............Abandonm ent,
desertion,
npnsup-
port.
3 69-381........................................................ y>. .Illegitim a cy proceedings.
~
ARKANSAS:
K irby and Castle’s Digest 1916, sections—
587-600,1493, Constitution, art. 7, sec. 2 8.Illegitim acy proceedings.
1568, 1583....................... ........ ............................ A doption and juvenile courts.
1589-1590, 1650-1651 — . . 1 ......................... Abandonm ent, desertion, nonsup
port.
1907-1908.......................... ............................
.Births and deaths, concealment of.
2 8 5 2 ... . . . . . . . . . .
_____ . . . . .
. . . . . Inheritance.
_ 2853................... .......................................... ' . .....L egitim ation, methods of.
2854, 2887...... ........................... ....................... .Marriage and divorce.
4 1 5 5 . . . . . . ......... ..................................._ .......... Guardianship.
.
6 0 8 3 .......................... ..: ................. ......................Incestuous marriages.
6085, 6095-6096, 6098, 6 1 0 5 :.................M a r r i a g e and divorce.
80
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Federal Reserve Bank of St. Louis
R EFE R E N CE IN D E X TO L A W S OF T H E
81
U N IT E D STATES,
CALIFORNIA:
Deering’s Civil Code 1915, sections—
5 9 ...................................................... ......................Incestuous marriages.
8 4 ............................ .......................... . ................... Marriage and divorce.
138 -1 4 0 ................................................................. Illegitim acy proceedings.
1 4 4 -1 4 5 ............. -.................................................Marriage and divorce.
193-195....................................... ..........................Legitim acy, presumption of.
1 9 4 ......................................................................... Marriage and divorce.
196-196a.............................................................. Care and support.
1 9 6 a .........-........................................................... Illegitim acy proceedings.
2 00 ................... .............................. . . . : . .............Custody.
2 1 5 . ..... ..................................................................Legitimation, methods of.
224 as amended b y Laws 1917, ch. 5 5 8 ..Adoption.
2 3 0 ........................ . . ............................................Legitimation, methods of.
241..........................................................................Guardianship.
265........................................................................ .Apprenticeship.
1387-1388............................................................. Marriage and divorce; inheritance;
legitimation, methods of.
Deering’s Code of Civil Procedure 1915,
Legitim acy, presumption of.
secs. 1962 (5), 1963 (31).
Deering’s Penal Code 1915, secs. 270 as
amended b y Laws 1917, ch. 168; 270b,
Abandonment,
desertion,
nonsup-
port.
270d, 271, 271a, 273h.
Deering’s Political Code 1915, sec. 2290......... Care and support.
COLORADO:
Revised Statutes 1908, sections—
134................................................................. ..
.Apprenticeship.
353 -3 5 8 .................................................. ...............Illegitim acy proceedings.
3 84 ........................................................ ................. Births, registration of.
558 as amended b y Laws 1913, p. 6 9 4 .. .Mothers’ pensions.
1641........................................................................Births and deaths, concealment of.
1769-1770.......................................: ................... Incestuous marriages.
2112 (superseded b y Laws 1915, ch. 74, Marriage and divorce,
and 1917, ch. 65).
4163-4164.............................................................Incestuous marriages.
7046........................................................................Inheritance; legitimation, methods of.
7049........................................................................Inheritance.
Laws 1911, ch. 179, secs. 1 -1 0 ............................ Abandonment,
desertion,
nonsup
port.
Laws 1915, ch. 74, sec. 1 (superseded b y
Marriage and divorce.
Laws 1917, ch. 65).
C O N N E C T IC U T :
General Statutes 1918, sections—1795........................................................................Care and support.
4863...... ..................................................................Guardianship.
5 0 6 1 .......................................................... .............Inheritance; legitimation, methods of.
5289-5293...... ......................................... .............Marriage and divorce.
6006-6015, 6160................................................. Illegitm acy proceedings.
6389-6390............................................................ Births and deaths, concealment of.
6416...................... ..................................................Abandonm ent,
port.
90956°—19----- 6
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Federal Reserve Bank of St. Louis
desertion,
nonsup
N
82
IL L E G IT IM A C Y L A W S ..
DELAWARE :
Revised Code 1915, sections— •
546.............. ...... , .................. .......... . . ...................Illegitim acy proceedings;
8 0 8 ..______ ______________ ________. ________ Births; registration' of.
3029-3030.______ _________ ____ ...___________ Marriage and1divorce;
3034-3040____ . . . . . . . . .... ............................ .. .Abandonm ent,
desertion,
nonsup-
port.
3034_____ ____ ____ _____________ __________ Care and support.
3072-3076; 3077, as am ended b y Laws
Illegitim acy proceedings.
1917, ch. 228; 3078-3088;
3087; 3087a, as added b y Eavrs 1917,
Inheritance,
ch. 229.
3088’. ............................................. ................... .. Abandonm ent;
desertion,
porfr.
nonsup-
,
3102, 3112"........... .............................. . . ............ Apprenticeship*.
3269..........................r___ ____ _____* . . . Inlreritance.
3804, 3992, 400T-4003; 4237,,4466----------Illegitim acy proceedings.
DISTRICT OR COLUMBIA:
Code of Law, 1911,. sections-:—
387........................................................... ...Inheritance. .
957
958
-
„
„
_______ _______ Inheritance;legitimation,.methods of.
........................................ . . . . __ ________ Inheritance.
9 7 2 -9 7 4 ............................. ................... ..
Marriage a n d divorce.
34 U . S. Statutes at. Large, p. 86,.
Abandonment,, desertion,
nonsup-
ch. 1131, secs. 1 -3 (Code 1911, p. 417).
port.
34 U . S. Statutes at Large, p . 1010, Births', registration of.
ch. 2280, sec. 1.
37 U . S. Statutes a t Large,, p.. 1 3 4 .
Illegitim acy proceedings,
ch; 171,. sees. I -8 i
FLORIDA:
General Statutes* 1906, sections—
1929.
____________ __________ _________ __ .M arriage-and divorce.
2292............ ................. .......... .............................. Inheritance.
2579, 2586........ ................................. ...... ........ .Marriage and divorce-.
2 59 8 -2 60 2.
.......... ......................................Illegitim acy' proceedings*
2602____ _______ _. . . _________. . . . . . ______Legsiamatfony methods-1ofL
3 21 8 -3 2 1 9 ;______________ . . . _______________ Births* and? deaths; con ceafeen t of.
Laws 1913, ch. 6483, sexr. 1 . . . , ___________ ___ A bandonm ent,
desertion, honsup-
port.
Laws 1915, ch. 6892, sec. M ..................................Births, registration of.
GEORGIA:
Park’s Annotated Code 1914 (Political),
Births, registration of.
sections:— 1676 (bb).
Park’s Annotated Code 1914 (Civil), sections—
2180.............. ....... ......_________ _____ . . . _____ Marriage and.divorce.
2184____ ______ ______ . . . . . . __________ _
Residen c e .
2935, 2 9 0 3 . . . . . . . . ____ _________ ......___ -M arriage,and divorce.
3012______ _______ . . . . . ______________ _
-Marriage; .legitimacy,presumption of.
3012^-3013.__________________________________Legitimation, m ethods o k .
30261___ ___ _____ ______ __d—_____ .Definitions..
3027. . ........ .
. . .___ •, ....________ Care and.support..
3 0 2 8 .. ............ ............... . . L.............................. Custody.
3029-3030......................................................
- Inberitance.
3045.............................. .........................................Guardianship.
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Federal Reserve Bank of St. Louis
83
REFER ENCE IN D E X TO- L A W S OF T H E U N IT E D STATES,
GEORGIA— Continued.
Park’s Annotated Code 1914 (Penal)* sec
tions—
7 9 ...................................— ..................................... Births and deaths, concealment of.
369------- . . . . . . . . . . . . . . .......... . . ............. — Marriage and divorce.
379------- ----------------. — — . -------- --. . ---------Care and support,
6 82 ,1 330-1336— ................................... . . .. v .Illegitim acy proceedings.
HAWAII :
Revised Laws 1915,
sections—
1133 as am ended b y Laws 1915, act
48; sec. 1142.
Births, registration of.
2272-2273; 2 4 7 8 . . . . . . . . . . . . ......................... Illegitim acy proceedings.
2922-2923, 2940^-2941.------- ------------------- ..M arriage and divorce.
2970, as amended b y Laws 1915, act . Abandonm ent,
100; sec. 2971.
port.
desertion, nonsup-
2" 5 .........................
Inheritance, and care and support.
2996........ .....................—......................................Legitimation, methods of.
3005-3015........................ .......... ......................... Illegitim acy proceedings,
3 0 7 0 - 3 0 7 1 . . . . . . . . ............................................. Name.
3248-3249----------------------------------- ................. Inheritance.
4164............ *..........................................................Births and deaths, concealment of.
Laws 1915, act 221, sec. 10, as amended b y W orkm en’s compensation.
Laws 1917, act 227.
IDAHO:
R evised Codes 1908, sections—
2615____________________ ................................. Incestuous marriages.
2642, 2669______________ .................................Marriage and divorce.
2699................ ........... ..
............................. - - Legitimation, methods of.
2 7 0 3 ..
: . . . . . .............. ......... ........................Adoption.
2709............................ ........ ................................. Legitimation, methods of.
5 7 0 3 ..
. . . . . . . . ; ......... ................................. Marriage; inheritance; legitim ation,
methods of.
5 7 0 4 ...................... ............ I— - ...................... Inheritance.
5781...................... . .......... .. ■- - - ........................ Guardianship.
6781-6782 as amended b y Laws 1915, Abandonm ent, desertion,
ch. 83.
port,
Laws 1911, eh. 191, sec. 1 4. — - ........................Births, registration of.
nonsup
Laws 1917, ch. 81, sec. 1 4 .. ............................... W orkm en’s compensation.
ILLINOIS :
H u rd ’s R evised Statutes 1917—
Ch. 4, secs. 2, 9 a -9 c ........................... ..— Adoption.
Ch. 9, sec. 2 ....................................................... Apprenticeship.
Ch. 17, secs. 1—17................... ........ — .......... Illegitim acy proceedings.
Sec. 13.................. ............ .. ■.......................Custody.
•®ec- 15.................... .....................................Legitimation, methods of.
Ch. 23, secs. 1 7 2 -1 7 3 ................. ................... Juvenile courts.
S ec. 1 8 3 . . . . ----- ...------------------ . ---------- Adoption.
Ch. 38, sec. 4 4 .......................... ..................... Births and deaths, concealment of.
Ch. 39, secs. 2 -3 ...... .................................. ...In h e rita n c e ; legitim ation, methods
of.
Ch. 40, sec. 3 .............. ........................... — .. .Marriage and divorce.
Ch. 58, sees. 1 - 3 . . . ........... ..............................Abandonment,
port.
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Federal Reserve Bank of St. Louis
desertion,
nonsup
84
IL L E G IT IM A C Y L A W S .
IL L IN O IS — Continued.
H u rd ’s R evised Statutes 1917— Continued.
/
Ch. 68, secs. 27-37 (24-26 superseded). .A bandonm ent,
desertion,
nonsup
port.
Ch. 89, sec, 1 ......................................................Incestuous,marriages.
Secs. 4, 18...................................................Marriage and divorce.
Cb. 1114, sec. 3 1 . . ........ ............ - ................... Births, registration of.
IN D IA N A :
Burns’ Annotated Statutes 1914, sections—
-1 0 1 3 -1 0 3 4 ............................................................ Illegitim acy proceedings.
1060-1064...................... .......................................Marriage and divorce.
1063, 1382 ( 1 0 ) . . . ............................................. Illegitim acy proceedings.
2635; 2635a as amended b y Laws 1915, Abandonm ent,
ch. 179; 2635b.
,
desertion,
nonsup-
port.
2998, 3000, 3002................................................ Inheritance.
3000, 3 0 0 1 ..................................................... . . .Legitim ation, methods of.
3678a-3678n........................................................ M aternity hospitals.
8377-8380.................. ..........................................Illegitim acy proceedings.
9745 (item 3 ) .......... ............................................Residence.
Laws 1915, ch. 106, sec. 3 8 ........................ .*-------W orkm en’s compensation.
IOWA:
-
^
Code 1897, sections—
2 2 1 6 ................... .................................. .................Care and support.
2224 ( 5 ).................................................................Residence.
2250...................... .................................................. Care and support.
3150........................................................................ Legitimation, methods of.
3175, 3185-3186.................................................. Marriage and divorce.
3251.................................................. ......................Adoption.
3260c (Supp.1913)............................................Custody.
3384-3385......... .»............................. ................... Legitimation,
methods of; inherit
ance.
5629-5636.............................................................Illegitim acy proceedings.
Laws 1917, ch. 326, sec. 6 . . . .....................*____ Births, registration of.
KANSAS:
General Statutes 1915, sections—■
3410-3416................ ............................................Abandonm ent,
desertion,
nonsup
port.
3844-3847..................................... ........................Inheritance.
3845..................................................................... .Legitim ation, methods of.
5117-5138................ .............................................Illegitim acy proceedings.
6135........................................................................Incestuous marriages.
' 6821 (item 3 ) ......................................................R esidence.
,7585.................................................................
.Marriage
and divorce.
KENTUCKY:
Statutes 1915, sections—
166..........................................................................Marriage and divorce.
1 66-181.......... ...................................................... Illegitim acy proceedings.
" 3 3 1 e .4 ..........................................
.Juvenile
courts.
1220........................................................................Births and deaths, concealment of.
1397-1398............................................................ Inheritance.
1398........................................................................ Legitimation, methods of.
1399a-1399b........................................................ Marriage and divorce.
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Federal Reserve Bank of St. Louis
85
R E FER ENCE IN D E X TO L A W S OF T H E U N IT E D ST AT E S.
KENTUCKY— Continued.
Statutes 1915, sections—
2062a. 14...............................
Births, registration of.
2096.............................. .........................................Incestuous marriages.
2098-2099........ .....................................................Marriage and divorce.
Laws 1916, ch. 6, secs. 1 - 3 .................... ...............Abandonment,
desertion,
nonsup
port.
Laws 1916, ch. 33, sec. 14......................................W orkm en’s compensation.
LOUISIANA:
Marr’s Annotated R evised ^Statutes 1915, sec
tions—
,
3977 as amended b y Laws 1918, No. 3 8. .W orkm en’s compensation.
4142-4143.......... ..................................... .............Inheritance, legitimation, methods
of.
4453-4454........................................................... .Marriage and divorce.
Merrick’s Revised Civil Code 1912, articles—
2 7 ...................................... ............. ........................Definition.
9 4 -9 5 ..................................................................... Incestuous marriages.
178, 180-183........................................................Definition.
181 -1 8 3 ....................................... .......................... Marriage and divorce.
,-1 8 4 -1 9 7 ........................................... ..................... Legitim acy, presumption of.
1 9 8 ..........................................................................Marriage and divorce.
1 9 8 -2 0 1 .................................................................Legitimation, methods of.
2 0 2 . . . . . . . . ....... ................................ . . . . . . .Definition.
2 0 3 -2 0 6 ..................... ................ ..........................Legitimation, methods of;
2 0 4 .......................................................................... Marriage and divorce.
2 0 6 -2 1 2 ............................................................... Inheritance.
.L egitim acy, presumption of.
2 08 -2 1 2 ............................................ .............
2 1 3 . ........................... ...........................................Custody.
2 1 4 ............ .... r ......................................................Adoption.
2 38 .......................................................................... Custody.
2 3 9 -2 4 5 ................................................................. Illegitim acy proceedings; care and
support.
256, 2 61 .......... ..................................... ................. Guardianship.
917-929, 933, 949, 9 54 ,1 48 3 -1 48 8 .................Inheritance.
3556 (8) . ...............................................................Definition.
Laws 1918, No. 257,
sec.1 4 ................................. Births, registration of.
M A IN E :
Revised Statutes 1916—
Ch. 29, sec. 1 .......... ............................... .....R e s i d e n c e .
Ch. 64, sec. 58 as amended b y Laws M aternity hospitals.
1917, ch. 176.
Ch. 65, sec. 13—
....................................Marriage and divorce; inheritance.
Ch. 65, secs. 1 6 - 1 7 . . . ......................................Marriage and divorce^
Ch. 72, sec. 3 6 ........... .......................................Adoption.
Ch. 80, sec. 3 ...................................................... Legitimation, methods^ of; inherit
Ch. 85, sec. 5 9 . . —
ance.
r......................................Illegitim acy proceedings.
Ch. 102, secs. 1 -6 ; 7 as amended b y
Laws 1917, ch. 84; 8 -9 ; 10 as amended
Illegitim acy proceedings.
b y Laws 1917, ch. 158; 11.
Ch. 120, secs. 3 8 -4 1 ......................................... Abandonm ent,
desertion,
nonsup
port.
Ch. 126, sec. 8 ............ .......... ................. . . . . . B i r t h s and deaths, concealment of..
Laws 1917, ch. 149, secs. 1 -4 ................................ M aternity hospitals.
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Federal Reserve Bank of St. Louis
86
IL LE jG IT IM A C X l a w s .
M ARYLAND:
Annotated Code—
Y o l. 1 (.M il),, art. «£ see. 1 1 . ................ .. - . Apprenticeship.
A rt. 46* see, 2 9 _______ ____ _____ ______Legitimation, methods a t
Seesv 2 9-S #
_____ - ____ _ - . .Inheritance.
YoL. %(1911), art. 93* see, 134................ Inheritance.
Y o l. 3 (1914), art. 12, secs. 1 -1 2 ------ --- .Illegitim acy proceedings.
A rt. 27 „ secs. 4 M -4S S
as added
Custody,
h y Laws 1916, ch. 210.
MASSACHUSETTS:
Revised Laws 1902—
Ch. 29, see. I as amended b y L aw s
•
Births, registration e l
1910 ch. 322; 25.
Ch. 83, secs. 1 3 ,1 7 -1 9 .......................'...........A dop tion and custody.
Ch. 84, see. 4 as am ended b y L aw s Illegitim acy proceedings.
1909 ch. 208.
Ch. 133, secs. 3 -5 * .....______ . . . . -------------.Inheritance.
See. 5 . . ________ _ .__________ _____ Legitimation,, m ethods©I.
Ch. 151,
secs.
6y
12-13,
(see;
M
repealed) 1'5;' ch. 152, see'. 22.
Ch1. 154, see. 2; as amended fey Laws
Marriage and; divorce-.
Adoption.
1904, ch. 302;.
Ch. 282, Bees. »W ML___ . ______________ — . Births aind deaths* concealment of.
Laws 1902, ch. 310, sees. 1 - 2 . ............. ..............Marriage and divorce.
Law s 1911, ch. 456, secs; 1 -4 ; 5 -6 asam en d- A bandonm ent, desertion,
ed fey Laws12 9 1 $ ch. 25T, sees; 4 53 -4 5 4;
nonsup-
port.
7 ; 8 as amended b y L aw s 1912, eh. 31#.
Laws M O , eh. 009, bbk.1 ......... ....................... * .R esidence.
Laws 1912, ch. 280, see. 2 ------------------------------- Births, registration ©L
Laws 1913, ch. 563, see.
3 as added;
Illegitim acy proceedings,
h y Laws 1918, ch. 19#.
L aw s M M , eh. 763, sees 1 - 4 . --------- -------------- Mothers’ pensions.
Laws 1917, ch. 163 a s amended b y Laws Abandonm ent, desertion,
1918, ch. 257, see. 455-.
nonsup-
p m *.
MICHIGAN:
Compiled Lawn 1915, section«—
2017............ ............................ .............................. Juvenile courts; mothers’ pensions.
5614.............. ........................ .............................. Births, registration of.
7 2 3 0 .......................... . . . . . . .................... . . ------ Custody.
7753-7763_______________________. ____ . . . . .Illegitim acy proceedings.
7789-7793.............................................................Abandonm ent,
port.
7794. . . ____ ____ . ...
desertion,
nonsup-
_____ : . . . . . Illegitim acy proceedings.
11367,11387-11392___ ..._______ ________ - -Marriage and divorce;, legitim ation,
methods of .
11418-11420....................1................................... Marriage and divorce.
11512_________ ___ _____ __________ _________ Apprenticeship.
11706^-11791______ . . . . _____- ________ _____ Inheritance;.
llT g g ............ ..........................................w. ...........Legitimation,, methods of.
14139............................................................_____Adaption.,
1 5 4 6 9 - 1 5 4 7 0 : . . . . . _________ _____ ______..B ir th s and deaths, concealment of.
15700 . ....................................................................Illegitim acy proceedings.
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Federal Reserve Bank of St. Louis
87
R EFE R E N CE IN D E X TO L A W S OF T H E U N IT E D ST A T E S.
MINNESOTA:
General Statutes 1913, sections—
3214-3224 as amended, and 3225a- Illegitim acy proceedings.
3225eas ad ded,by Laws 1917, cb, 210.
4651-4652 and 4661-4662 as amended,
and4653a and 4650a-4660b,as added,
Births, registration of.
b y Laws 1917, ch. 220.
7105.......... ....................- . . .................................... Marriage and divorce; legitimation,
methods of.
7153—7155 as amended b y Laws 1917,
ch. 222.
Adoption; and custody,
7240............................................................. .......... Legitimation, methods of.
7240-7241
_____ _____________ __________ Inheritance.
8666-8668 as amended, and 8668 as Abandonm ent,
added, b y Laws 1917, ch. 213.
desertion,
nonsup-
port.
8697 as amended b y Laws 1917, ch. 231. .Births and deaths, concealment of.
8703a as added b y Laws 1917, ch.
211____Illegitim acy proceedings.
Laws 1917, ch. 194, secs. 2 - 5 . . . . . . . . . . . . . . C a r e and support; illegitim acy pro
ceedings.
Laws 1917, ch. 212, secs. 8 -1 0 ............................. Births, registration
hospitals.
Laws 1917,
ch.
212, sec. 1 0 .
of;
maternity
____ . . . .Illegitim acy proceedings.
Laws 1917, ch. 397, see. 1( Juvenile court—
Care and support; juvenile courts,
illegitimate child is “ dependent ” ) .
............
MISSISSIPPI:
Code 1906, sections—
2 6 8 -2 8 3 .......... ....................................... ............... Illegitim acy proceedings.
542 as amended b y Laws 1910, ch. 185. .Legitim ation, methods of.
721 as amended b y Laws 1914, ch. 214
Miscellaneous.
(D eath b y wrongful act).
1655........................-..............................................Inheritance; legitimation,
methods
of.
1670.................................. ........ ............................ Marriage and divorce.
MISSOURI:
Revised Statutes 1909, sections—
340
.............. ................................... ................ In h erita n ce .
341
................... . ............. . ............................ L e g itim a tio n , m e th o d s o f.
3 4 2 . . . . . . .................... ..................................... ...M a r r ia g e an d d ivo rce .
3 4 4 ..
. . . . . . . . . . _....................................L e g i t i m a t i o n , m e th o d s of.
403 as a m e n d e d b y L a w s 1913, p . 9 2 . . . .G u a rd ia n sh ip .
2 3 7 0 ........... ..................................................................M arriage an d d ivo rce.
4 4 7 0 .................. ............. ................................... ..
B irth s a n d d eaths, co n ce a lm e n t of.
4495 as am en d e d b y L aw s 191 1 , p . 1 9 3 .. .A b a n d o n m e n t,
d esertion,
n on su p
port.
6 6 7 7 ..................... ................................................. ...B i r t h s , registration of.
8 2 8 0 ......... .....................................................................In ce stu o u s m arriages.
8 2 9 1 . .................. ........................ .............. ......... .. .M arriage and d iv o rce .
L aw s 1917, p . 151, secs. 1 - 1 0 ..................................M o th e r’ s p ensions.
MONTANA:
Revised Codes 1907, sections—•
1769.......................................................... Births, registration of.
3611................. I ...................................... Incestuous marriages.
3638, 3683-3684................. ...................... Marriage and divorce.
3738-3740.................................................Legitimacy, presumption of.
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Federal Reserve Bank of St. Louis
IL L E G IT IM A C Y L A W S ,
88
MONTANA— Continued. ,
R evised Codes 1907, sections—
3741 _...................................................................... Care and support.
3745. ............ ......................... .............................. Custody.
37go ..................... ................. .............................. Legitimation, methods of.
3764......................................... ..................... ' . . .A doption.
3770 ............................... .................................. Legitimation, methods of.
3773........................................................................Guardianship.
4 821-4822.......... ..................................................Marriage and divorce; inheritance;
legitimation, methods of.
8346 as amended b y Laws 1917, ch. 7 8 . .Abandonm ent,
port.
desertion,
nonsup
9 576-9583.......... .................................................. Illegitim acy proceedings.
Laws 1911, ch. 122, sec. 5 ..................................... Juvenile courts.
Laws 1915, ch. 96, sec. 6p ....................................W orkm en’ s compensation.
Laws 1917, ch. 77, secs. 1 - 3 . ... ...........................A bandonm ent, desertion,
port.
Laws 1917, ch. 83, secs. 1 -7 (This apparently supersedes Laws 1915, ch.
nonsup
Mothers’ pensions,
86).
NEBRASKA:
Revised Statutes 1913, sections—
3 5 7 -3 6 4 .............................. - ................................ Illegitim acy proceedings.
1250........................................................................Mothers’ pensions.1273
................................................. ...............Legitimation, methbds of.
1 2 7 3 -1 2 7 4 ...... .......... ..........................- .............Inheritance.
1542..................... •................................................. Incestuous marriages.
1591-1594, 1 6 0 8 ..................... .......... ............... Marriage and divorce.
1616, 1620.............................................................Adoption.
2748 .................................................................... Births, registration of.
8614-8616.......... .............................. - ................. Abandonm ent,
port.
desertion,
nonsup
8769.............................. ........ ............................ .. .Incestuous marriages.
Laws 1915, ch. 187, secs. 1 - 4 ........... . . . . . . . . . M o t h e r s ’ pensions.
NEVADA:
Revised Laws 1912, sections—
. .
731 7 46 ........................... - - - ............ .................A doption; juvenile courts.
739’ as amended b y Laws 1913, ch. 1 3 3 ..Mothers’ pensions.
7 6 5 -7 6 6 ................................................................. Illegitim acy proceedings.
766............................ ............................................. Abandonment, desertion,
^
nonsup
port; and custody.
2339 ....................... .............................................. Marriage and divorce.
2351.................................................. ..................... Legitimation, methods of.
^
2965 ......................................................................Births, registration of.
5 8 2 8 . . . ........... ............... ................... ................. Adoption.
.................................................................Legitim ation; methods of.
5833
6117-6118.......... .............................................. * - Inheritance; legitimation, methods
of; marriage and divorce.
6450............ _...................... , .................................Births and deaths, concealment of.
Laws 1913, ch. I l l , sec. 26 as amended b y
W orkm en’ s compensation.
Laws 1917, ch. 233.
Laws 1913, ch. 272, secs. 1 -2 ............................... Abandonm ent,
port.
Laws 1915, ch. 131, secs.
1 ; 2 as amended
b y Jiaws 1917, ch. 11; 3 -8 .
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Federal Reserve Bank of St. Louis
desertion, nonsup
Mothers’ pensions,
R E FER ENCE IN D E X TO L A W S OF T H E U N IT E D ST A T E S.
89
N E W H A M P S H IR E :
Public Statutes 1901—
Ch. 83, sec. 1 (3 d )........ ............. ......................Residence.
Ch. 87, secs.
3 -1 2 .
1; 2, Supp. 1913, p. 161;
Illegitim acy proceedings.
Ch. 174, sec. 3 .................... ...............................Marriage and divorce.
®ec- 18.......................................................... Inheritance; legitimation,
of.
Ch. 175, sec. 7 . . . . . .......................................... Marriage and divorce.
Ch. 181, sec. 2 ................................................... Adoption.
methods
Ch. 196, secs. 4, Supp. 1913, p. 462; 5 . . Inheritance.
Ch. 204, sec. 4 ................................................... Illegitim acy proceedings.
Ch. 278, sec. 1 4 . . ..............................................Births and deaths, concealment of.
Supplement 1913, p. 163 (1911, ch. 134, sec. 12).Custody.
Supplement 1913, p. 518 (1913, ch. 57, sec. 1 ).Abandonment,
desertion,
nonsup
port.
Laws 1915, ch. 132, secs. 1—10................. . . . . . M o t h e r s ’ pensions.
N E W JERSEY:
*
Compiled Statutes 1910—
V ol.
Y ol.
1, p. 184, secs. 1 -3 4 ............................... Illegitim acy proceedings.
2, p. 1784, sec. 118.................................Births and deaths, concealment of.
P. 1923, sec. 13 as amended b y
Laws 1917, chs. 139 and 246.
P.
2022, sec. 1........ ............................
V ol. 3, p. 3874, sec. 169 as amended
b y Laws 1918, ch. 63.
Inheritance.
.Marriage and divorce.
Inheritance; legitimation, methods
0f.
P. 3981, sec. 3 5 ........................................ Illegitim acy proceedings.
P. 4004, sec. 133 .................................. Illegitim acy proceedings.
P . 4012, sec. 4 (superseded b y Laws Residency.
1911, ch. 196, sec. 9).
12, as amended b y
Laws 1911, ch. 95, sec.
Laws 1914, ch. 244.
.
Laws 1911, ch. 196, sec. 9, as amended b y
Laws 1912, ch, 14.
W orkm en’ s compensation.
Residence.
Laws 1912, ch. 103, secs. 1—3 . . . . . ......................Illegitim acy proceedings.
Laws 1913, ch. 331, secs. 1—3 ................ ...............Custody.
Laws 1914, ch. 5, sec.
1.......... ...................... ....L e g itim a tio n , methods of.
Laws 1915, ch. 173, secs. 1 - 3 ............................... Legitimation, methods of.
Laws 1916, ch. 45, sec.
1. . . ........ ................ ........ Abandonm ent,
Laws 1917, ch. 61, secs.
N E W M E X IC O :
port.
1 - 5 .............................. Abandonm ent,
*
desertion,
nonsup-
desertion, nonsup-
P° rt’
Statutes 1915, sections—
13, 17----- . . . . -------- £.....................................Adoption.
1850 as amended b y Laws 1915, ch. 69
(Statutes 1915, A ppendix, p. 106).
Inheritance; legitimation, methods
of.
1851, 1 8 5 6 . . . . , ............... ...................................Inheritance.
1852........ .......................................................L e g i t i m a t i o n , methods of.
2577.................................................. ......................Guardianship.
8480.................................................................... .Incestuous marriages.
8484........................ ................................................Marriage and divorce.
Laws 1917, ch. 83, sec. 12 (j and k ) . . . . . . . . . W o r k m e n ’s compensation.
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Federal Reserve Bank of St. Louis
90
IL L E G IT IM A C Y L A W S .
NEW YORK:
Birdseye Consolidated Laws (2d e d .), 1917—
2, Decedent Estate, ch. 13, secs.
Y o l.
Inheritance.
89, 9 8 ..
Domestic Relations, ch. 14, sec. 5 . -Incestuous marriages.
Sec. 2 4 ...... ................................. ........ Legitimation, methods of.
Sec.
86....................................... .....G u a r d ia n s h ip .
Sec. I l l ................................
Adoption.
Sec. 113................................................Adoption.
V ol. 4, Judiciary Law, ch. 30, sec. 4 ___ Illegitim acy proceedings.
V ol. 5, Penal Law, ch. 40, secs. 480, 481. Abandonm ent,
port.
desertion,
nonsup
Sec. 1843..................................................... Illegitim acy proceedings.
Sec. 2461........................ . . ................... r . .B irths and deaths, concealment of.
6, Poor Law, ch. 42, secs. 6 0 -7 5 ___ Illegitim acy proceedings.
Y o l.
P u blic H ealth, ch. 45, sec. 3 8 3 .____Births, registration of.
V ol. 7, Second Class Cities, ch. 53, sec.
185.
Y o l.
8, W orkm en’s Compensation, ch.
Illegitim acy proceedings.
W orkm en’ s compensation.
67, sec. 3.
Parson’ s Code of Civil Procedure, 1918,
secs. 1745, 1749, 1759-1760.
Marriage and divorce,
Bender’s Code of Criminal Procedure, 1918,
secs. 838-886.
Illegitim acy proceedings,
N O R T H C A R O L IN A :
P ell’ s R evisal, 1908, sections—
1 36-137...................... ................... ........................Inheritance.
201........................................................... . . . . . . . Apprenticeship.
2 5 2 - 2 6 4 ........................................... ..
..„ .I lle g it im a c y proceedings.
263 -2 6 4 .................... ! .....................................
Legitimation, methods of.
2 64 ..........................................................................Inheritance.
1333, item 4 ..................... .............................. .R esidence.
1556, rule 9, Supp. 1913 (as amended
b y Laws 1913, ch. 71); rules 10 and 13.
Inheritance; marriage and divorce,
1569........................................................................Marriage and divorce.
1 915-1919........................................Illegitim acy proceedings.
2083, Supp. 1913, p. 2087 (as amended
Marriage and divorce,
b y Laws 1917, ch. 135).
362 3 ..................... . . . . . . .............. ................. 1. .Births and deaths, concealment of.
5438b (14), items 6 and 8, Supp. 1913 Births, registration of.
(Laws 1913, ch. 109, sec. 14).
Laws 1917, ch. 59, secs. 1 - 3 ...... ....................C u s t o d y .
Ch. 219, secs. 1 - 2 . . . ..................................... .'Legitimation, methods of.
NORTH DAKOTA:
Compiled Laws 1913, sections—
4 4 7 ............................................... .................................B irth s, registration of.
2501 (ite m 3 ) ................ - . ............. ................ ......... R e sid e n ce .
4359
.......... I ......................................................... In ce stu o u s marriages.
* 437 0 , 4 3 9 4 -4 3 9 5 .................... . " . ............................ M arriage an d d ivorce.
4 4 2 0 -4 4 2 2 ...................................................................L e g itim a c y , p resu m p tion of.
4421
.................... .......................................... ..
.L e g itim a tio n , m e th o d s of.
4 4 2 5 .................... ............................ ............................ C u stod y.
4 4 4 4 .................................................... .....................
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Federal Reserve Bank of St. Louis
A d o p tion .
91
R EFE R E N CE IN D E X TO L A W S OF T H E U N IT E D ST AT E S.
NORTH DAKOTA— C o n tin u e d .
C o m p ile d L a w s 1 91 3 , se ctio n s— •
4 4 5 0 ...............................
.Legitim ation, methods of.
. Guardianship.
4 4 5 6 ................................................... .................
5 7 4 5 - 5 7 4 6 . . . . . . . . . . . . . ___ . . . . ____ _
.Inheritance; marriage and divorce;
legitimation, methods of.
7935 (5 ), 7 9 3 6 ( 3 1 ) . . ............. ...................
.L egitim acy, presumption of.
9 5 9 5 -9 6 0 0 ....................................... ................
.A bandonm ent,
desertion,
nonsup
port.
9 6 0 6 ....................... ............................ ..
.Births and deaths, concealment of.
1 0 4 8 3 -1 0 5 0 0 .......................... ....................... ..
.Illegitim acy proceedings.
L aw s 1911, c h . 1 77, secs. 5 - 6 ....................^
.Juvenile courts.
S e c . 1 7 .................................................. ............
.Adoption.
L aw s 1915, c h . 183, secs. 3 , 8 , 1 0 - 1 1 ____
.M aternity hospitals.
S ec. 8 . . . . . . ____________ ____. . . ______
.Births, registration of.
L aw s 1915, ch . 185 , secs. 1 - 8 ............ ............
Mothers’ pensions.
L aw s 1 9 1 7 , c h . 7 0, s e c . 1 .................................
Care and support; inheritance.
.Illegitim acy proceedings; legitima
tion, methods of.
S ecs. 2 - 3 . .................................................. ..
OHIO:
General Code 1910, sections—
219 (items 5 -6 ) as amended b y Laws
Births, registration of.
1913, p. 194.
8590-8591.......... .................................................. Inheritance; legitim ation, methods
*
of; marriage and divoree.
11987.................................................. — ............Marriage and divorce.
12110-12135............ ............................................Illegitim acy proceedings.
13008-13017; 13018 as amended b y
Laws 1913, p. 913; 13019 as amended
Abandonment,
port,
desertion,
nonsup-
b y Laws 1911, p. 115; 13020-13021.
OKLAHOM A:
Revised Laws 1910, sections—
1816 as amended b y Laws 1917, ch. 119. .Illegitim acy proceedings.
2438, 2807................ .................^..............Births and deaths, concealment of.
3326........................................................................Guardianship.
3885....................................................................... Illegitim acy proceedings.
4364-4366............................................................Legitim acy, presumption of.
4365........................................... ................... ..
Legitimation, methods of.
4367..................................................................... .. Care and support.
4369..................................................................... .Custody.
4388.................................. ..................................... Adoption.
4399 as amended b y Laws 1910-1911,
ch. 73.
Legitimation, methods of.
4401-4406; 4407 as amended b y Laws
1915, ch. 91; 4408-4411.
Illegitim acy proceedings.
4534........................................... ..
— Residence.
4974....................... .. ............................. ............... Marriage and divoree.
3420................... .................................................... Marriage and divorce; legitimation,
methods of.
8420-8421................... .. — ............................... Inheritance.
Laws 1915, ch. 149, secs.
1—2 . ............................ Abandonment, desertion, nonsup
port.
Laws 1917, ch. 168, sec. 14 ( 6) . .......... ...............Births, registration of.
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Federal Reserve Bank of St. Louis
92
IL L E G IT IM A C Y L A W S .
OREGON:
Lord’s Oregon Laws 1910, sections—
798 (6), 799 (3 2 )................... . . ........................Legitim acy, presumption of.
2080, 2088.............................................................Births and deaths, concealment of.
7026........................................................................ Marriage and divorce; legitimation,
methods of.
7059................................ .......................................Apprenticeship.
7099, as amended b y Laws 1915, ch. 3 1 . . Adoption.
7351-7352................. ............................................Inheritance; legitimation, methods
of.
Laws 1913, ch.
112, sec. 14 as amended b y
W o r k m e n 's com p en sation .
Laws 1917, ch. 288.
, Laws 1913, ch. 244, sec. 1 as amended b y
Laws 1917, ch. 136; secs. 2 -8 .
Laws 1915, ch. 268, sec. 13 as amended b y
A b a n d o n m e n t,
desertion,
n on su p -
port.
B irth s, registration of.
Laws 1917, ch. 384.
Laws 1917, ch. 48, secs. 1 - 1 4 ...............................Illegitim acy proceedings.
Sec. 14...................................................................Inheritance; legitim ation, methods
of.
PENNSYLVANIA:
Stewart’s Purdon’s Digest 1700-1903—
Vol.
1, p. 901, sec. 3 ........................................Births and deaths, concealment of.
P. 955, secs. 2 4 7 -2 4 8 .............................. Illegitim acy proceedings.
- P. 1247, sec. 3 2 .........................................Marriage and divorce.
V ol.
2, p. 2004, secs. 52 (in part re-
Inheritance; name,
pealed b y Laws 1917, No. 192, pp.
444-445), 55.
. V ol. 3, p. 2445, sec. 31 (in part re-
Legitim ation, methods of.
pealed b y Laws 1917, No. 192, pp.
443-444).
P. 2446, secs. 3 2 -3 3 ............................ .Marriage and divorce.
P . 3197, sec. 4 ...........................................Nam e.
P. 3566, sec. 6 0 ........................................R esidence.
Supplement 1905-1915—
V ol. 5, p. 5852, secs. 52-57 (Laws 1907, Illegitim acy proceedings.
N o. 293, p. 429).
V ol. 6, p. 7303, sec. 20 (Laws 1915, N o.
402, p. 900, sec. 14).
Births, registration of.
Laws 1917, N o. 145, secs. 1 - 3 . . . . . . . . . . . . . . I l l e g i t i m a c y
proceedings; abandon
ment, desertion, nonsupport.
No. 192,'secs. 1 4 -15 ; 2 7 -2 8 .......................... Inheritance.
Sec. 1 5 ( d ) .................................................Legitimation,methods of.
N o. 290, secs.
1-6 ................................ .............Abandonment,
desertion,
nonsup
port.
PORTO RICO:
R e v ise d S tatutés and Codes 1911, sections—
1 8 4 ........... ..................................................................... C u sto d y .
2 3 1 -2 3 3 , 2 3 5 ..............................................................B irth s, registration of,
2 35 , 4 0 5 ......... ............................................ ................L e g itim a tio n , m e th o d s of.
3 2 5 0 .............................................................................. L e g itim a tio n ,
m e th o d s
o f;
. tio n .
3 2 5 0 -3 2 5 6 . —
........................................................ L e g itim a c y , p re su m p tio n of.
3 2 5 6 ................................. ................ . . . . . . . . . . . . N a m e .
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Federal Reserve Bank of St. Louis
d e fin i-
R E FER ENCE IN D E X TO L A W S OF T H E U N IT E D ST AT E S.
93
PORTO RICO — Continued.
R e v is e d S ta tu te s a n d C odes, 101 1 , sectio n s—
3 2 5 7 -3 2 6 5 . . ........................ . . ,
.Legitimation, methods of.
3 2 6 3 - 3 2 6 7 . . . ....................
.Illegitim acy proceedings.
. Inheritance.
3 2 6 5 . ......................... ................ ..
3 2 6 6 -3 2 6 7 , 3 2 8 3 -3 2 9 0 ...........
3 2 9 2 ........................................ ..
.Care and support.
.Custody.
3 3 8 9 ............................................. ...
Legitimation, methods of.
3 8 0 9 ............................................... .
Legitimation,
tance.
3 8 8 6 -3 8 9 1 , 400 1 , 4 0 0 5 -4 0 0 9
methods of;
inheri-
Inheritance.
L aw s 1918, N o . 10, sec. 3 .............
W orkm en’s compensation.
RHODE ISLAND:
General Laws 1909—
Ch. 92, sec. 1 (item 3)............. ...........
Ch. 95, secs. 1-3; 4-5 as amended by
Laws 1915, ch. 1215; 6-8; 9 as
amended by Laws 1915, ch. 1215;
10-11; 12-11 as amended by Laws
• 1915, ch. 1215; 15-18.
Ch. 243, secs. 2-3.......... ........................
Ch. 316, sec. 7................................... 1..
Ch. 347, secs. 10-11...............................
Residence.
Illegitim acy proceedings.
Marriage and divorce.
Inheritance.
Births and deaths, concealment
of.
SOUTH CAROLINA:
Code 1912 (Civil), sections—
973
..................... ..........................
974
..................................
1530 (item 3)........................ .............
3454, 3562, 3575......................................
3756.....................................................
3 7 9 8 ...:........... ............................ .
Code 1912 (Criminal), secs. 6 9 1 -6 9 5 .......
.Apprenticeship.
Illegitim acy proceedings.
Residence.
Inheritance.
Marriage and divorce.
A doption; inheritance.
Illegitim acy proceedings.
SOUTH DAKOTA:
Revised Codes 1903 (Political), sec! 2764
(item 3)................................................ .Residence.
Revised Codes 1903 (Civil), sections—
38.................. ................................... .Incestuous marriages.
63, 81-82....................................
.Marriage and divorce.
107-109.......... ............... .................... .Legitim acy, presumption of.
108........ ........ ............................. .Legitimation, methods of.
112......................................
........................ . . " .Custody.
1 3 1 . . . . . . . . . . . . . . . . . . . . . . ..........
138........................... ......... .............
144............................ ..................... .
1096......................................
.Adoption.
.Legitimation, methods
.Guardianship.
of
.Marriage and divorce; legitimation,
methods of.
1096-1097............................
Inheritance.
R e v ise d Codes 1903 (C iv il P roced u re), secs.
807 8 1 6 . .............. ................... , . . . ............................ Ille g itim a c y p roceed in gs.
R e v ise d Codes 1903 (P e n a l), secs. 3 44 , 7 9 4 . .B ir th s an d d ea th s, co n ce a lm e n t
L a w s 1915, ch . 119, secs. 5 - 6 ...................................J u v en ile courts.
S e c . 2 3 ........................................ ............................... A d o p tio n .
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Federal Reserve Bank of St. Louis
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94
IL L E G IT IM A C Y L A W S .
TENNESSEE:
Thom pson’ s Shannon’ s Code 1918, sections—
2707____________________ ____ _________ _____ Illegitim acy proceedings.
2 7 0 8 ...
.............. ................... .............Apprenticeship.
3118a-51______________ _____ _________ s ...B i r t h s , registration of.
4166-4169 (4168 unconstitutional)............ Inheritance.
4179 4198-4200, 4229 ......... . . ........................Marriage and divorce.
4242a r -il________________ ___ _________ _____ Abandonm ent, desertion,
,
nonsup-
port.
4322...................................................................... .. Apprenticeship.
4 43 6 a-65a-15........ ........ ...................... ...............Adoption.
5402, 540.6-5408, 5412-5413, 6027 (10) Legitimation, methods of.
6069.
5412..................................... . ................................. Nam e.
6040, 6931(1), 7 3 3 2 - 7 3 5 3 . ... ....... ............... Illegitim acy proceedings.
TEXAS:
Revised Statutes 1911 (C ivil), articles—
2472.................................................... ................... Legitimation, m ethods of; marriage
and divorce.
2472-2473................. ............................................Inheritance.
' 4614-4616, 4636................... .. .........................Marriage and divorce.
Laws 1913, ch. 101, secs. 1 - 7 ............... . . . . . . . Abandonm ent, desertion,
port.
nonsup
Laws 1917, ch. 129, sec. 9 ......................................Births, registration of.
UTAH:
Compiled Laws 1917, sections.—
13...........- ......... , 1 4 .....
1 9 ...................................
380-395............
w
391.----------------------------3 9 3 ..
. -....
1 4 0 0 -4 4 ..................
2966................. ............... .
2968. . .................................
3960-3968.. .....................>1
5052.. . . . . ......... . . . . . . .
6413-6414........ ...................
A d o p tio n .
L e g itim a tio n , m e th o d s o f.
Ille g itim a c y p roceed in gs.
C u stod y.
.L e g itim a tio n , m e th o d s o f .
R e sid e n c e .
.In ce stu o u s marriages.
.M arriage an d d ivo rce .
.M others’ pensions.
.B ir th s, registration of.
.M arriage a n d d iv o r c e ; le g itim a tio n ,
m e th o d s o f; in h eritan ce.
6428-6430....................... .
.In h e rita n c e .
8112-8115.......
.A b a n d o n m e n t,
......
d esertion,
n on su p
port.
VERMONT:
G eneral L aw s 1 9 1 7 , sections—
2 3 4 3 -2 3 5 1 , 2 4 1 7 - 2 4 1 9 . . . . . .
Ille g itim a c y proceed ings.
3 4 1 8 - 3 4 1 9 .......................... ..
In h erita n ce .
3419 .
.L e g itim a tio n , m e th o d s of.
...........................
3 5 3 6 -3 5 4 3 .....................
.A b a n d o n m e n t,
d ese rtion ,
port.
3 5 4 6 , i)553, 3 5 9 7 . . . I .......... .
.M arriage an d d ivo rce.
3 6 0 8 - 3 6 3 2 .... ..........................
. Ille g itim a c y p roceed ings.
363 6 .
.G u a rd ia n sh ip .
...................... .
3 7 3 2 - 3 7 3 3 . . . ....................
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Federal Reserve Bank of St. Louis
. A p p r e n tic e sh ip .
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95
R E FE R E N CE IN D E X TO L A W S OF T H E U N IT E D STATES,
VERMONT— Continued.
General Laws 1917, sectiens—3757............................................ ............................Adoption.
3 7 8 6 ._______ ___ ___ __________ __Births, registration of
5759................... ..................................................... W ork m en s compensation.
6804-6805............... ...... ........ . . ...... ................... Births and deaths* concealment of.
VIRGINIA:
Code 1904, sections—
2227, 2 5 5 4 ..i ....................................................... Marriage and divorce.
2 552-2554......................................................... . .Inheritance.
2 5 5 3 ......................................................................Legitimation, methods of
Supp. 1916, p . 845,. secs. 14;
b y Laws 1918, ch. 58.
20 as am ended
P. 1030, sec. I (Law sT915, eh. 114) apparently superseded b y Laws 1918,
ch- 416).
Laws 1918,
g|i .
Births, registration of.
Abandonm ent,
port,
416, secs. 1—I I . - ................. : . . Abandonm ent,
desertion,
desertion,
nonsup-
nonsup-
port.
Layers 1918, ch. 400, sec. 4 0 ................................... W orkm en's compensation.
WASHINGTON:
Remington’s Codes and Statutes 1915, sections—
1345...................................................................... ..Legitimation, methods of.
1345-1346............................................................. Inheritance.
2452........................................................................ Births and deaths, concealment of.
5435............................ ............................................Births, registration of.
5933-1 to 5 9 3 3 -3 ...................................... ........ A bandonm ent,
6604-3 as amended b y Laws 1917, ch.
120, sec. 1.
7155............
desertion,
nonsup
port.
W orkm en’s compensation.
Legitimation, methods of.
WEST VIRGINIA:
B a rn e s’ C ode 1916—
C h . 63 sec.
8.........................
. . . . .Marriage and divorce.
C h. 78, sec. 5 . . ______________. . . . _____ _____ Inheritance.
S e c . 6 . . . . ............................................. ......... Legitimation, methods of.
S e c . 7 . . . . ................................ ........... ......... Marriage and divorce.
C h . 80, secs. 1 - 6 ........... ........................... ......... Illegitim acy proceedings.
L aw s 1915, ch . 70, se ctio n s—
4 ; 5 as a m e n d e d b y L a w s 1 91 7 , ch . 6 3 .. .Juven ile courts.
20 ......... ................ ............... ......... Adoption.
L aw s 1917, c h . 51, secs. 1 - 9 .................. ..
WISCONSIN:
......... Abandonm ent,
port.
desertion,
nonsup-
Statutes 1917, sections—•
750.2....................................................................... Illegitim acy proceedings.
1022-30 (items 5 and 21) ............................... N am e; births, registration of.
1500 (item 3 ) ..................... .................................Residence.
1530-1533,1533a-1533b, 1533m, 1534-1542.Illegitim acy proceedings.
1542a-1542g................................... ......................Maternity hospitals.
2273................ ........................................................ Inheritance.
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96
IL L E G IT IM A C Y L A W S .
WISC O NSIN— C o n tin u e d .
S tatu tes 191 7 , section s—
2 2 7 4 . . . . ...........................
In h e r ita n c e ;
leg itim a tio n ,
m e th o d s
of.
2 3 3 9 n -2 4 to 2 3 3 9 n - 2 5 ..
M arriage
a n d d iv o rc e ; leg itim atio n ,
m e th o d s of.
4 0 2 2 ........................................
A d o p tio n .
4 5 8 5 -4 5 8 6 ........................ ..
B irth s a n d d eath s, c o n c e a lm e n t of.
4 5 8 7 c .l-4 5 8 7 c .6 , 4587(1
A b a n d o n m e n t,
d esertion,
n on su p
port.
WYOMING:
C o m p ile d S tatu tes 1910, section s—
2 9 5 7 ____........................................................................B irth s, registration of.
3 9 1 7 ........ ...................................................................... In c e stu o u s marriages.
.3 9 4 1 , 3 9 4 2 -3 9 4 4 .................. ....................................Marriage an d divorce.
5 7 3 1 -5 7 3 3 ....... ........................................................... In h erita n ce .
5 7 3 1 ..................................................................... ..
.L e g itim a tio n , m e th o d s of.
5739 as a m e n d e d b y L aw s 1915, ch. 1 4 3 . . C u s to d y ; gu ard ian sh ip .
6 3 7 1 -6 3 9 4 ...................................... . . . . ................... Ille g itim a c y proceed ings.
Laws 1915, ch. 72, secs. 1 - 6 ..................................... A b a n d o n m e n t,
port.
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Federal Reserve Bank of St. Louis
desertion,
nonsup
CODES, REVISIONS, OR COMPILATIONS USED.
A labam a..........................................................Code 1907.
A laska.........., ............................................
.Com piled Laws 1913.
Arizona.............................................................Revised Statutes 1913.
Arkansas.......................................................... Kirby and Castle’s Digest 1916.
— Deering’s General Laws 1915.
C a l i f o r n i a . . . . . . . . . . . . .................... ..
Deering’s Penal Code 1915
Deering’s Civil Code 1915.
Colorado...........................................
Deering’s Code of Civil Procedure 1915.
Deering’s Political Code 1915.
Revised Statutes 1908.
Connecticut.....................................................General Statutes 1918.
Delaware............ ...................... ......................Revised Code 1915.
District of Colum bia...................... ........... Code of Law 1911.
U . S. Statutes at Large.
Florida.............................................................General Statutes 1906.
G e o r g ia ......................................................... Park’s Annotated Code 1914.
Haw aii......................................................
ïd ah o.................
Supplement 1917.
Revised Laws 1915.
...R e v i s e d Codes 1908.
Illinois............................................................. H urd’s Revised Statutes 1917.
Indiana............................................................Burns’ Annotated Statutes 1914.
I ° wa.................... * ...........................................Code 1897, Supplements 1913 and 1915.
Kansas............................................................... General Statutes 1915.
K e n tu ck y.........................................
Statutes 1915.
Louisiana............................ ................... ...... .M arr’s Annotated Revised Statutes 1915.
Merrick’s Revised Civil Code 1912.
M aine............................................................... .R evised Statutes 1916.
Maryland.........................................................Annotated Code 1911 and 1914.
Massachusetts............... .................................Revised Laws 1902.
Michigan...................... ................................... Compiled Laws 1915.
M innesota.. , .................................................General Statutes 1913.
M ississip p i..,.............. ................................C o d e 1906.
M issou ri.......................................... ...............Revised Statutes 1909.
Montana.......................................................... Revised Codes 1907.
Nebraska........... .............................. ........ . . . Revised Statutes 1913.
N evada...........................................................R evised Laws 1912.
New H a m p s h ir e ........................................ Public Statutes 1901, Supplement 1901-1913.
New Jersey.....................................................Compiled Statutes 1910.
New M exico................................................... Statutes 1915.
New Y o rk ........................................................Birdseye Consolidated Laws (2d ed.) 1917.
Parson’s Code of Civil Procedure 1918.
Bender’s Code of Criminal Procedure 1918.
North Carolina.................... . ........................Pell’s Révisai 1908.
Supplement 1913-1915.
North D a k o t a ...,......................... ...............Compiled Taws 1913.
Ohio...................................................................General Code 1910.
90956°—19----- 1*
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Federal Reserve Bank of St. Louis
97
98
IL L E G IT IM A C Y L A W S .
0 klahoma
................ ..
Revised Laws 1910.
Oregon.................. ........................................... Lord’s Oregon Laws 1910.
Pennsylvania.................................................Stewart’s Purdon’s Digest 1700-1903 volume
1-4.
Supplement 1905-1915, volumes 5 -7 .
Porto R ico......................................... - ...........Revised Statutes and Code® 1911.
Rhode Island.............................- ................. General Laws 1909.
South Carolina........................................- - - Code 1912.
South Dakota..........................................- - - Revised Codes 1903.
Tennessee
......................... Thompson & Shannon s Code 1918w
T exas.................... - ......................................... Revised Statutes 1911.
U ta h .............................................................. .. Compiled Laws 1917.
V erm ont........................................................... General Laws 1917.
Virginia........................................ ................... Code 1904 and Supplements 1910 and 1916.
Washington.................................................... Remington’s Codes and Statutes 1915.
W est V i r g i n i a . . . . . . . . . . . . ............. . . . . . B a r n e s ’ Code 1916.
Wisconsin
. . . . . . . . . . . . . . . . . . . . . . . . Statutes 1917.
"W
y o m
i n g . ..............Compiled Statutes 1910.
o
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