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x/3- STATE COLLEGE LIBRARY uL UNITED STATES DEPARTMENT OF LABOR MAURICE J. TOBIN, Secretary WOMEN’S BUREAU FRIEDA S. MILLER, Director The Legal Status of Women in the United States of America January 1, 1948 REPORT FOR IOWA Individual State material, constituting part of a compilation to show the present legal status of women in the United States of America iiil ‘•iSjrESj**- Bulletin of the Women’s Bureau, No. 157-14 (Revised) UNITED STATES GOVERNMENT PRINTING OFFICE WASHINGTON : 1948 For sale by the Superintendent of Documents, U. S. Government Printing Office, Washington 25, D. C* Price 5 cents THE LEGAL STATUS OF WOMEN IN THE UNITED STATES OF AMERICA In response to continuing domestic and international needs, the Women’s Bureau has prepared a revised edition of its 1988 report on the legal status of women in the United States of America. The revised report is based on an examination of the Constitutions, official statutes, and significant decisions of courts of last resort of the Federal Government and the several States, as well as pertinent law texts of recognized authority. This pamphlet presents a digest of the material compiled for a single State, which has been incorporated in the complete report. XI LETTER OF TRANSMITTAL United States Department of Labor, Women’s Bureau, Washington, September 23,19JfS. have the honor to transmit to you a revised report on the legal status of women in Iowa. This is one of 54 separate reports consti tuting a survey of laws of the 48 States, the District of Columbia, the territories of Alaska, Hawaii, and Puerto Rico, and the United States possessions, the Canal Zone and Virgin Islands. The original report for each jurisdiction represents a thorough search of statutes and decisions of appellate courts construing its statutes or establishing its judicial policy. Revision covers important changes by legislative action. The study was made by Sara Louise Buchanan, Attorney on the Women’s Bureau staff, member of the bars of the Supreme Court of the United States and of the Mississippi Supreme Court. Valuable assistance was given in the preparation of the report by Mary Loretta Sullivan, Associate Economist, and Elizabeth Batson, Editorial Assist ant, both of the Bureau staff. Respectfully submitted. Frieda S. Miller, Director. Hon. Maurice J. Tobin, Secretary of Labor. Sir : I iii CONTENTS A.—CIVIL RIGHTS I.—CONTRACTS AND PROPERTY 1. Age of Majority. 2. Contractual Powers of Minors. 3. Property Exemptions from Seizure for Debt—Respective Rights of Men and Women. 4. Property of Married Woman Owned at Marriage—Ownership After Marriage. 5. Contractual Powers of Married Women. 6. Separate Earnings of Married Woman—Ownership and Control. 7. Liability of Married Woman for Family Necessaries. 8. Formal Procedure Required for a Married Woman to Engage in a Separate Business. 9. Married Woman’s Separate Property—Control During Mar riage—Liability for Husband’s Debts. 10. Property Acquired After Marriage Through Cooperative Efforts of Spouses—Ownership and Control. 11. Damages Recovered for Injury by Strangers to a Married Woman’s Person, Property, or Character—Ownership and Control. 12. Action to Recover Damages for Willful or Negligent Injuries to the Person or Property of One Spouse by the Other—Respective Rights of Husband and Wife. 13. Competency of Spouses to Testify For or Against Each Other. 14. Disposition of Separate Property by Will—Extent of Married Woman’s Right. 15. Estate of Deceased Husband or Wife—Share of Surviving Spouse. 16. Provision for the Surviving Spouse During Administration of the Estate. 17. Disinheritance of Husband or Wife by Will of Deceased SpouseSurvivor’s Alternative. II.—MARRIAGE AND DIVORCE 18. Age of Consent to Marriage—Men and Women. 19. Validity of Common-Law Marriage. 20. Health Certificate Requisites Prior to Issuance of Marriage Li cense—Men and Women. 21. Interstate Cooperation in Marriage Law Enforcement. 22. Grounds for Marriage Annulment—Respective Availability to Man or Woman. 23. Grounds for Divorce—Respective Availability to Spouses. VI CONTENTS III.—PARENTS AND CHILDREN 24. Services and Earnings of Minor Children—Parents’ Respective Rights. 25. Guardianship of Minor Children—Parents’ Respective Rights. 26. Appointment of Testamentary Guardian for Minor Children— Parents’ Respective Rights. 27. Inheritance from an Intestate Child—Parents’ Respective Rights. 28. Support of Children Born Out of Wedlock—Parents’ Respective Responsibility. < 29. Inheritance from Child Born Out of Wedlock—Mother’s Right. B.—POLITICAL RIGHTS SO. Domicile of Married Women. 31. Public Office—Eligibility of Women. 32. Jury Service—Eligibility of Women. THE LEGAL STATUS OF WOMEN IN THE UNITED STATES OF AMERICA INTRODUCTION Any conclusion bearing on woman’s status under the laws of the United States of America must take into account the common law, on which the fabric of the Nation’s jurisprudence is woven. The common-law rules of property sprang from various causes, nota bly tradition, military or economic exigency, natural male dominance, and the social status of women. Shifts in these have effected an almost complete overturn in laws governing the property owned by a woman prior to her marriage and that coming into her individual ownership after her marriage, by gift, inheritance, will, or accumulation from her premarital possessions. In general, it has been the rule that where specific statutes abrogat ing common-law principles have not been enacted, the common law ap plies. In the century just past, many of the old common-law injustices to women have been removed by statute. The largest remaining area to be reformed to the present-day trend lies in the matter of ownership and control of property acquired by the cooperative efforts of husband and wife after marriage. The material considered centers largely around the woman in the marriage relation, since the legal status of the unmarried woman is practically identical with that of the unmarried man, with the excep tion of the discrimination in some States which bars women from jury duty, or of distinctions, such as variance between men and women in the statutory age of majority or age of consent to marriage. 1 IOWA SOURCES Constitution of Iowa. Code of Iowa, 1946. Iowa Reports. North Western Reporter. EXPLANATORY NOTE References to the State Constitution are indicated by parenthetical insertions of section numbers following the abbreviation Const., as (Const., art. 3, sec. 4), placed after the related subject matter. Code section references are likewise in parentheses, thus (sec. 599.1). Case citations, definitely construing statutes or declaring judicial policy in the absence of express statutory provision, are indicated by numerical footnote references, and appear immediately after the re lated paragraphs. Subject headings are preceded by numbers, which remain constant for their respective topics through the entire State series. Cross ref erences among topics employ these numbers for brevity, as “See Num ber 6,” which refers to the subject heading “Separate Earnings of Mar ried Woman—Ownership and Control.” 2 IOWA A.—CIVIL RIGHTS I.—CONTRACTS AND PROPERTY 1. Age of Majority. The age of majority is 21 years for both sexes. But all minors attain their majority by marriage, and females, after reaching 18 years, may make valid contracts for marriage, as if adult (sec. 599.1) A 1 Banco de Sonora v. Bankers’ Mutual Casualty Co. 100 N. W. 532 ; 104 A. S. R. 367. (1904), 124 Iowa 576 584 ’ ’ ’ 2. Contractual Powers of Minors. A minor is bound by his contracts unless he disaffirms them within a reasonable time after reaching majority, and he is bound by his deed conveying land, unless he disaffirms it within a reasonable time after he comes of age, and restores the consideration in his control after his majority (sec. 599.2) d2 1Stout v. Ruschke (1925), 199 Iowa 402, 404 ; 202 N W 88. 2 Weaver v. Carpenter (1876), 42 Iowa 343, 347. 3. Property Exemptions from Seizure for Debt—Respective Rights of Men and Women. Personal Property. The exemptions of personal property, detailed in the statute, apply if the debtor is a resident of this State and the head of a family (sec. 627.6). Personal earnings of a resident debtor, who is head of a fam ily, and those of his family, during the 90 days next preceding the levy for debt, are exempt (sec. 627.10). If the husband does not own one or more of the articles exempted by law, but his wife does, and she is an actual member of the family and the debtor, she is entitled to hold such articles exempt from execution (sec. 627.6, subsec. 21). Awoman debtor, resident of the State but not head of a family, may hold exempt one sewing machine and poultry to the value of $50 (sec. 627.6, subsec. 22). An unmarried person, not a resident of the State nor head of a family, may hold exempt from seizure for debt his or her own wearing apparel and the trunk necessary to contain it (sec. 627.14). Homestead. The owner, whether husband or wife, may select the homestead (sec. 561.4). It must embrace the house used as a home by the owner (sec. 561.1). If town property it must not exceed one-half acre in extent, otherwise it must not aggregate more than 40 acres; but in either case, if the value is less than $500 the property may be enlarged until it reaches that amount (sec. 561.2). A widow or widower, though without children, is deemed a family, for purposes of exemption, while 3 THE LEGAL STATUS OF WOMEN 4 continuing to occupy the homestead after the death of the husband or wife who owned it (sec. 561.17)d The court has declared that though the husband and father who resides with and supports his wife and children is uniformly held to be the head of the family, the wife, under some circumstances, may become the head of a family.2 See Numbers 15 and 16. 1 Richman v. Ady (1930), 211 Iowa 101, 105 ; 232 N. W. 813. 2 Armstrong McClenahan Go. v. Rhodes (1917), 180 Iowa 710, 713; 163 N. W. 356. 4. Property of Married Woman Owned at Marriage—Ownership After Marriage. The wife retains ownership of the property belonging to her at mar riage (sec. 597.1). If either spouse obtains possession or control of property belonging to the other before or after marriage, the owner of the property may bring suit to protect his or her rights, as if unmarried (sec. 597.3). 5. Contractual Powers of Married Women. A married woman may make contracts and incur liabilities, and these may be enforced by or against her to the same extent and in the same manner as if she were unmarried (sec. 597.18). A married woman may contract freely with relation to her own prop erty.1 She may deed or mortgage her real estate, control it, and con tract concerning it “ to the same extent and in the same manner as other persons” (sec. 557.11). Her acknowledgment of a conveyance of real estate may be taken in the same form as that of a single person, without anv examination separate and apart from her husband (sec. 558.35). She and her husband may make valid conveyances of real estate be tween themselves as if unmarried (sec. 597.4). She may enter into a partnership business with her husband as a stranger might do.2 The only limitation on their right to contract is that they cannot make agreements between themselves concerning the inchoate right each has in property owned by the other. This right is known as the dower interest or distributive share and vests in the survivor at the death of either spouse (sec. 597.2).3 A married woman may sue or be sued without joining her husband (ch. 613, R. C. P. 10). 1 Stewart v. Todd (1920), 190 Iowa 283, 288 ; 180 N. W. 146. 2 Hoaglin v. Henderson & Co. (1903), 119 Iowa 720, 727 ; 94 N. W. 247. 3 Baker v. Syfritt (1910), 147 Iowa 49, 59 ; 125 N. W. 998. 6. Separate Earnings of Married Woman—Ownership and Con trol. A married woman may receive the wages for her personal labor and maintain an action for them in her own right, and may prosecute and defend all actions for the preservation and protection of her rights and property as if unmarried (sec. 597.16). Where the services rendered are of a general nature, beyond the scope of those demanded by the marriage relation, the wife may contract therefor with her husband and recover from him on such contract.12 Neither the wages, earnings, nor property of either spouse are subject to the separate debts of the other (sec. 597.17). 1 Reid v. Reid (1933), 216 Iowa 882, 885 ; 249 N. W. 387. 2 Booth v. Backus (1918), 182 Iowa 1319, 1321; 166 N. W. 695. IOWA 5 7. Liability of Married Women for Family Necessaries. The reasonable and necessary expenses of the family and education of the children are chargeable on the property of both husband and wife, or on the property of either of them, and, in relation to such ex penses, they maybe sued jointly or separately (sec. 597.14). 8. Formal Procedure Required for a Married Woman to Engage in a Separate Business. A married woman may engage in business as if unmarried (sec. 597.1 )d She may pursue an independent business, profession, or em ployment, and have, enjoy, and control the fruits thereof, and if negli gently injured or killed, damages may be recovered by her or her ad ministrator, with reference to her individual skill and capacity in her separate occupation.2 3 The law which emancipated her and guarantees her right to manage her own affairs does not require her husband’s consent to the inde pendent occupation or business of his wife.3 1Reid v. Reid, (1933), 21G Iowa 882, 884 ; 249 N. W. 387. 2 Withey v. Fowler Go. (1914), 164 Iowa 377, 383 ; 145 N. W. 923. 3Nolte v. Chicaf/o, Rock Island & Pacific Ry. Co. (1914), 165 Iowa 721, 726. 727: 147 N. W. 192. 9. Married Woman’s Separate Property—Control During Mar riage1—Liability for Husband’s Debts. A married woman may own in her own right real and personal prop erty, acquired by inheritance, gift, or purchase, and she may manage, seli, or convey it or dispose of it by will to the same extent and in the same manner that the husband can property belonging to him (sec. 597.1). The separate property of a spouse is not subject to the other’s debts (sec. 597.17). Where either husband or wife has become incapacitated through in sanity, or where either has been imprisoned or has abandoned his or her family and for at least 1 year has left them without adequate sup port, the other spouse may petition the court, and upon proper show ing of the facts in the case, be empowered by court decree to encumber or convey the interest of the other (secs. 597.6, 597.10, 597.12).1 1 Holdorf v. Holdorf (1919), 186 Iowa 1193, 1196 ; 171 N. W. 42. 10. Property Acquired After Marriage Through Cooperative Efforts of Spouses—Ownership and Control. The community-property system does not exist in Iowa. By opera tion of the common law, property acquired after marriage by the coop erative efforts of both spouses belongs to the husband and is under his control, unless joint ownership is created by private arrangement, such as joint deeds, or joint bank accounts. 11. Damages Recovered for Injury by Strangers to a Married Woman’s Person, Property, or Character—Ownership and Control. A wife may prosecute and defend all actions for the preservation and protection of her rights and property, as if unmarried (sec. 597.16). This includes recovery of damages in'a suit for alienation of her hus band’s affections.1 See also Number 8. A woman, single or married, or her estate, may recover damages for her wrongful or negligent injury or death, as in the case of the wrong 6 THE LEGAL STATUS OF WOMEN ful or negligent injury or death of a man. In addition, the woman, or the administrator of her estate, may recover for her physician’s serv ices, nursing, and hospital expense, also the value of her services as wife or mother or both. Her husband, as such, may not recover damages for these items (sec. 613.11). 1 Price v. 1’rice, (1894), 91 Iowa 693, 698 ; 60 N. W. 202. 12. Action to Recover Damages for Willful or Negligent Injuries to the Person or Property of One Spouse by the Other— Respective Rights of Husband and Wife. The wife cannot maintain an action against the husband for tortious or negligent injury to her person.1 1Maine v. Maine <£ Sons Co. (1924), 198 Iowa 1278, 1280; 201 N. W. 20. 13. Competency of Spouses to Testify For or Against Each Other. Husband and wife are competent witnesses for each other in all civil and criminal cases (sec. 622.8). But neither can be examined in any case as to any communication made by one to the other while married, nor can either testify after dissolution of the marriage as to such a communication made during the marriage (sec. 622.9). Neither husband nor wife may be a witness against the other in any case except in (1) a criminal or civil proceeding by one against the other, (2) a civil action by one against a third party for alienating the affections of the other, (3) a civil action by a judgment creditor of either, to void property transfers between the spouses and to subject such property to payment of his judgment (sec. 622.7). In abandonment prosecutions, either husband or wife may be a com petent witness for the State, if the witness consents to testify (sec. 731.2). 14. Disposition of Separate Property by Will—Extent of Married Woman’s Right. “Any person of full age and sound mind may dispose by will of all his property, subject to the rights of homestead and exemption created by law, and the distributive share in his estate given by law to the sur viving spouse, except sufficient to pay his debts and expenses of ad ministration” (sec. 633.1). 15. Estate of Deceased Husband or Wife—Share of Surviving Spouse. Statutory provisions as to descent and distribution of an intestate husband’s property apply equally to the property of a deceased intestate wife (sec. 636.6). Real Property. The surviving spouse takes absolutely the statutory dower. This is one-third in value of all the legal or equitable estates in real property possessed by the decedent at any time during the marriage, which have not been sold under court order, or in which the dower right has not been relinquished (sec. 636.5).1 The dower right cannot be affected by any will of the decedent, un less the survivor’s consent is given as provided by law (sec. 636.21).2 See Number 17. The one-third share of the surviving spouse in the real property of the decedent includes the homestead, or as much of it as is equal to the IOWA 7 share in real property allotted to him or her, unless the survivor prefers a different arrangement, and sufficient assets remain for payment of decedent’s debts (sec. 636.7). See Number 3. If there are no children, the whole estate up to the amount of $7,500, after the payment of debts and expenses of administration, and one-half of the estate in excess of that sum, goes to the surviving hus band or wife.3 The other half of the excess of $7,500 goes to the dece dent’s parents, or to the survivor of them; or if both are dead, to their heirs (secs. 636.32, 636.39, 636.40). If neither parents nor heirs of them survive, the portion uninherited goes to the living spouse of the intestate. But if the decedent has had “more than one spouse who either died or survived in lawful wedlock,” this uninherited portion of the estate is to be divided equally between the living spouse and the heirs of those who are dead, or if no spouse survives, among the heirs of all, such heirs taking by right of representation (sec. 636.41). Personal Property. The personal property of the deceased not necessary for the payment of debts nor otherwise disposed of, is to be distributed to the same per sons and in the same proportions as the real estate (sec. 636.1). But the proceeds of life insurance payable to the deceased spouse or his or her representatives, in the absence of an agreement or assignment to the contrary, or distribution by will, “shall inure to the separate use” of the surviving husband or wife and children, independently of the decedent’s creditors.3 The statute exempts also to the same relatives the proceeds of accident policies on the death of the assured. How ever, the amount of all life or accident policies exempted may not exceed $15,000 (sec. 511.37). 1 In re Caviar’s Estate (1929), 208 Iowa 1208, 1213 ; 227 N. W. 103. - In re Nobles Estate (1922), 194 Iowa 733, 735 ; 190 N. W. 511 3 Miller v. Miller (1925), 200 Iowa 1070, 1075 ; 205 N. W. 870. 16. Provision for the Surviving Spouse During Administration of the Estate. The widow has set apart to her all the personal property that her husband as head of the family would have had exempt from execution (sec. 635.7). The statute of general exemptions to the head of a family includes all wearing apparel of the entire family kept for actual use and suitable to their condition; provisions and fuel for 6 months: all livestock set apart to them; household furniture up to the value of $200; and implements and articles of equipment necessary to the maintenance of the household (sec, 627.6). The earnings of the debtor or of his family for personal services within 90 days next preceding any levy under execution are also exempt (sec, 627.10). 1 The proceeds of life and accident insurance policies up to $15,000 on the life of the deceased, payable to the widow, are exempt to her from her own debts contracted before her husband’s death (sec. 511.37). See Number 15. If necessary, the court must set off to the widow and children under 15 years of age, or to either, sufficient and appropriate property for support during the 12 months following decedent’s death. The amount is within the court’s discretion (sec. 635.12) but is presumed to be in keeping with the family’s usual manner of living, the size of the estate, and the claims of creditors.1 8 THE LEGAL STATUS OF WOMEN The surviving spouse may continue to possess and occupy the whole homestead until it is disposed of in the administration of the decedent’s estate (sec. 561.11). 1 In re McClellan’s Estate (1919), 187 Iowa 866 ; 174 N. W. 691. 17. Disinheritance of Husband or Wife by Will of Deceased Spouse—Survivor’s Alternative. The surviving spouse has the right, in the manner and within the time provided by law, to elect to take under the provisions of the other’s will, if any, or to reject the will, and take the distributive share pro vided by statute (secs. 561.2,636.21—636.29) 22 1 Van Veen v. Van Veen (1931), 213 Iowa 323, 333 ; 238 N. W. 718. 2 Hahn v. Dunn (1931), 211 Iowa 678, 686 ; 234 N. W. 247. II.—MARRIAGE AND DIVORCE 18. Age of Consent to Marriage—Men and Women. Men at 21 and women at 18 years of age may marry without the con sent of parents or guardian (sec. 599.1). But if the male is between the ages of 16 and 21 years or the female between 14 and 18 years, pa rental consent is necessary before license may be issued (sec. 595.3). A marriage between a male of 16 and a female of 14 years of age is valid. If either party has not attained the age thus fixed the mar riage will be a nullity or not, at the option of such party, made known at any time before he or she is 6 months older than the age thus fixed (sec. 595.2). 19. Validity of Common-Law Marriage. The common-law rule, which holds that a present agreement between the parties to be husband and wife, followed by cohabitation, consti tutes a valid marriage, is still recognized in the State.12 1 Blanchard v. Lambert (1876), 43 Iowa 228. 2 Brisbin v. Huntington (1905), 128 Iowa 166 ; 103 N. W. 144. 20. Health Certificate Requisites Prior to Issuance of Marriage License—Men and Women. Each applicant for license to marry must submit proof of a standard test for syphilis by a duly licensed physician, made within 20 days prior to date of application for license. Certificate from the physician must show either that syphilis is not present, or if present, is not in a communicable stage. On proper affidavit from an Iowa physician that pregnancy exists, the health certificate will be waived (secs. 596.1-596.8). No license may be issued if either party is idiotic, imbecile, insane, or under guardianship as an incompetent (sec. 595.3). 21. Interstate Cooperation in Marriage Law Enforcement. The State has not adopted the uniform marriage law. 22. Grounds for Marriage Annulment—Respective Availability to Man or Woman. Marriages are void where the parties are related within the degrees of kinship forbidden by law, or where either party has a living spouse of an undissolved marriage, but if the parties have lived together as husband and wrife after the death or divorce of the former spouse, the subsequent marriage is valid (sec. 595.19). Marriages may be annulled: (1) Where the marriage is forbidden by law, that is, for non-age, lack of parental consent, incapacity to con IOWA 9 tract, consanguinity, insanity, or idiocy (sec. 595.3) ; (2) where either party was impotent at the time of the marriage; (3) where either party had a husband or wife living at the time of the marriage, provided they have not, with a knowledge of such fact, lived and cohabited together after the death or divorce of the former spouse of such party; (4) where either party was insane or idiotic at the time of the marriage (sec. 598.19). . 23. Grounds for Divorce—Respective Availability to Spouses. The injured party may obtain a divorce for any one of the following causes: Adultery committed after marriage; willful desertion for 2 years; conviction of a felony after marriage; habitual drunkenness, where the party becomes addicted after marriage; inhuman treatment endangering the other’s life (sec. 598.8). The husband may obtain a divorce if at the time of the marriage the wife was pregnant without his knowledge or agency, unless he then had living an illegitimate child or children of whom the wife had no knowledge at the time of the marriage (sec. 598.9). Neither party in a case in which a divorce is granted may marry again within a year from the date of the decree, unless the court gives such permission in the decree, or unless the parties remarry each other (sec. 598.17). III.—PARENTS AND CHILDREN 24. Services and Earnings of Minor Children—Parents’ Respec tive Rights. There is no statutory provision as to the child’s earnings. The com mon-law rule that the earnings belong to the father, if living, is up held in the court’s decisions.13 There is a statute that gives to the father of a child injured or killed the right to sue to recover damages for expenses and actual loss of service resulting from the injury or death, and if the father be dead, or imprisoned, or has deserted his family, the mother has such right of action (ch. 613, R. C. P. 8).3 This is held to apply in all cases other than industrial injuries, when the provisions of the workmen’s compensation act are invoked.4 In that act a parent receiving the earnings of a child at the time of the injury is classed as a dependent and so entitled to compensation (sec. 85.42, subsec. 3). 1 Crary Bros. v. Hoffman (1902), 115 Iowa 332 ; 88 N. W. 833. 2 Cain v. Dcvitt (1859), 8 Iowa 116. 3 Ludden v. Butters (1917), 181 Iowa 94 ; 163 N. W. 227. 4 Hilsinger v. Zimmerman Steel Co. (1922), 193 Iowa 708, 712; 187 N. W. 493. 25. Guardianship of Minor Children—Parents’ Respective Rights. Parents are the natural guardians of the persons of their minor children and equally entitled to their care and custody (sec. 668.1). If the husband abandons the wife, she is entitled to the custody of the minor children, unless the district court, upon application for that pur pose, shall otherwise direct (sec. 597.15). 26. Appointment of Testamentary Guardian for Minor Children— Parents’ Respective Rights. The surviving parent becomes natural guardian of the child’s person, by statutory provision (sec. 668.2). However, the welfare of the child is the paramount consideration, and controls the court’s action when the question of custody is brought before it.1 1 Risting v. Sparboe (1917), 179 Iowa 1133, 1137; 162 N. W. 592. 10 the legal status of women 27. Inheritance from an Intestate Child—Parents’ Respective Rights. If an intestate dies without issue but leaves a surviving spouse and parents, one-half the net estate above $7,500 goes to the parents; if no spouse survives, the parents take the whole of the net estate (sec. 636.32). If one parent is dead, the survivor takes the portion which would have gone to the deceased parent (sec. 636.39). 28. Support of Children Born Out of Wedlock—Parents’ Respec tive Responsibility. The parents of a child born out of wedlock owe the child necessary maintenance, education, and support. They are liable also for its funeral expenses. The father is liable for expenses attending the mother’s pregnancy and the birth of the child. The putative father of such a child may be prosecuted under the law for support of poor rela tives to recover for or compel the child’s support, and the question of parentage may be tried in the same action. Action for support may be prosecuted also against the mother, independently of or jointly with the alleged father (secs. 252.2, 252.3, 675.1). The mother may recover from the father a reasonable share of the necessary support of the child (sec. 675.2). Statutory provision is made for establishing the father’s identity and for fixing by court decree the amount and manner of his contribu tions for the child’s maintenance. The law directs that such payments be in annual amounts, equal or varying as the court directs, until the child is 16 years of age. Bond may be required to secure payment. I'or his default in complying with its decree the court may direct the father’s imprisonment or his commitment to a custodian. The provisions of the law relating to the desertion and abandon ment of children by parents [secs. 731.1-731.7] are made applicable in cases of illegitimacy where paternity has been established (sec. 675.29). 29. Inheritance from Child Born Out of Wedlock—Mother’s Right. The mother may inherit from the estate of her child born out of wed lock when such child dies intestate (sec. 636.45). The extent of the inheritance is not specified by statute. B.—POLITICAL RIGHTS 30. Domicile of Married Women. The selection of a residence rests, at least primarily, with the hus band, as the head of the family.1 1 Evans v. Evans (1926), 202 Iowa 493 ; 210 N. W. 564. 31. Public Office—Eligibility of Women. Women are eligible for public office (Const., art. 3, sec. 4, amended) (sec. 39.25). 32. Jury Service—Eligibility of Women. Women are eligible for jury service on the same terms as men (sec. 607.1). O