ILLEGITIMACY, the state of being of illegitimate birth (from Lat. illegitiinus, not in accordance with the law, hence born out of wedlock). Illegitimacy may be measured in various ways, the most common being by stating the proportion of illegi timate to total births. Another method, claimed as being a better one, is to relate illegitimate births to the total unmarried, widowed and divorced women of conceptive age in the population under review. The superiority of this latter method is very doubtful, for it is difficult to say what accurate conclusions can be drawn from it. Were illegitimacy an index of either morality or con tinence in any given community this second method would have a decided value, but no one who has studied the subject would be likely to advance such a claim. A fall in the illegitimate rate calculated in either way may merely indicate a spreading familiar ity with the use of contraceptives. By relating the illegitimate to total births we do get a reliable measure of the contribution made to the population by the "unmarried mother," and con sequently of the proportion of the population which is of illegiti mate birth.
Two other alleged factors are religion and climate. but these must be reckoned doubtful if not disproven. It is stated, for ex ample, that Roman Catholic countries show a lower rate than those of other cults, and the fact that in Ireland the rate of illegitimacy is little more than half that of England and Wales and about one-third that of Scotland is invariably put forward as a convincing proof. But Roman Catholic Austria had an illegiti mate birth-rate three times that of England and Wales and above that of Hungary. On the climatic side, it has been more or less generally accepted that the warmer countries of southern Europe had a higher proportion of illegitimates. But the highest rates are found in the more northern countries, in Denmark and in Sweden, whilst in Iceland the rate is higher still. Another pop ular idea is that the great cities have a higher illegitimate rate than the rural districts, but on this point also the available evi dence is contradictory. The rural districts of England and Wales have a much higher illegitimate birth-rate than has London, while on the mainland of Scotland the rural rate is considerably above that for the towns. On the other hand, in the Netherlands the pro portion of illegitimate to total births rises steadily with the de gree of urbanization, being lowest in the towns or villages with fewer than 5,00o inhabitants and highest in the great cities. The same holds good of Finland, where the town rate of illegitimacy is double that of the rural areas.
Variation.—The extent to which illegitimacy prevails in any given country shows relatively slight variations during the course of the last half-century, but the variation from country to coun try is very wide. Thus in England and Wales the proportion of illegitimate births to i,000 total births, which was 48 in the quin quennium 1876-1880, was 43 in 1921-25, a decline of io%. In Scotland the fall in the same period was more marked, being from 85 to 64. In Germany, however, the rate rose from 87 in 1876 8o to iio in 1921-25, in Sweden from Ioo to 145. Here the widest variation in any country is one of 45%. But in the last quin quennium under review the rates in European countries varied from 19 in the Netherlands to io6 in Denmark, i i o in Germany and 145 in Sweden. Going outside Europe, we find within the confines of the British empire an illegitimate birth-rate of about 20 per i,000 in Ireland and of over 70o per i,000 in Jamaica. In the following table the rates are given for certain European coun tries and also for Australia and New Zealand for alternate quin quennia from 1881-85 to 1921-25, the period 1916-20, which was directly affected by the World War, being dealt with separately, In dealing with these rates it must be borne in mind that, where some disability is incurred by illegitimacy, there is an obvious motive for non-registration of such a birth, and that the figures may be affected to some extent by the efficiency or otherwise of the registration system in operation at the time.
TABLE I. Illegitimate Births per i,000 BirthsTable i. Illegitimate Births per i,000 Births This table shows clearly that there is no general trend in the illegitimate birth-proportion in the countries shown. England and Wales, Scotland, Germany and Switzerland show declines up to the third quinquennium, Italy to the fourth, the Netherlands and Norway throughout. In Denmark the rise and fall are erratic, in France there is a persistent rise, in Sweden one much more marked up to the end of the fourth, in Australia and in New Zealand a marked rise up to the end of the third period. Com paring the first with the last, we find that in six of the 13 coun tries the rate in the last period is lower than in the first, while in the other seven it is higher. England and Wales, Scotland, Italy, the Netherlands, Norway and Switzerland have the maxi mum rate in Denmark and Sweden in 1911-15, Australia in 1901-05, Finland and Germany in 1921-25. (5. DE J.) United States.—Births out of wedlock comprise about 4% of all live births in the United States. The figures, however, are not accurate because not all of the United States keeps an accurate birth record, and several States do not report illegitimate births separately. The figures of the United States Bureau of Census indicate that about 75,000 illegitimate children are born annually in the United States, of which 35,000 are white and 40,000 Negro, thus obviously making the problem of the illegitimate children primarily a Negro problem because of the difference in popula tion. This is reflected further in the fact that the proportion of illegitimate to total births has been estimated to be 24 per 1,000, with 14 for the white population and 126 for the coloured popu lation. In the coloured population, there are eight illegitimate births to one among the whites. This is reflected, furthermore, in the figures for illegitimate births in the different States, with a record in 1936 varying from 11.2 In Utah to 101.6 in South Caro lina. The especially high rates for that year were 1o1.6 in South Carolina ; 85-4 in Mississippi ; 84.4 in Louisiana ; 83.4 in Alabama ; 83.1 in the District of Columbia. This is due to the large number of illegitimate births among the coloured race. In those States which keep accurate records, illegitimacy constitutes 2% of total live births to white mothers, and approximately 16% of the births to Negro mothers. The figures for 1936, compared with those of 1935, showed that the rates were higher in ten States and the District of Columbia. The largest decrease in any State was a decrease of 5.5 in Nebraska.
Laws Regulating Illegitimacy.—The laws regulating ille gitimacy in the United States vary greatly among the different States. There is obviously no national law on the subject. The most striking feature of the existing laws is the large number that are unadapted to modern social conditions. Social attitudes on illegitimate births have changed greatly. The principle of punish ing the man responsible for the birth of a child born out of wedlock still dominates many of the laws. Few of the laws take into account the desirability of giving the child equal opportunity with other children in its life after birth. Most of the laws as sume that paternity must be proved and that criminal proceed ings are necessary to bring the man before the court.
There is need for a change in the procedure to encourage the legal recording of children born out of wedlock rather than to discourage such recording.
The problems of illegitimate births in the United States have given rise to a considerable number of institutions for the care of unwed mothers. There would seem to be a demand for the development of some sort of legal control over such institutions. Numerous maternity homes, such as those conducted under the auspices of the National Florence Crittenton Home, the Salva tion Army, and some religious organizations, maintain high stand ards of social and medical care, and, of course, co-operate with other social agencies in the community.
However, there are many private institutions conducted for profit which have developed a commercialized trade in the provi sion of children for adoption. The demand for children for adop tion is so great that some institutions exploit the unwed mother for this purpose.
Birth out of wedlock is responsible for dependency in many cities. According to figures of the United States Bureau of Census, 15% of the total number of children in institutions and in foster homes in 1933 were of illegitimate birth, the number being 31,776. Of all the white children in foster care in 13% were born out of wedlock, and of Negro children 22%.
Social workers point out that illegitimate births occur in all strata of society, but many children born out of wedlock are said to be handicapped by bad physical and mental heredity. Many of the mothers are exceedingly young; in fact, not much beyond the age of childhood, and also require care from social agencies. Girls under 18 years of age make up one-fourth or more of un married mothers.
Illegitimacy During the Depression.—Apparently illegiti macy increases during periods of depression. The illegitimate birth rate in the United States rose by 12% from 1929 to at the time when the legitimate birth rate decreased by This phenomenon is in relationship to the reaction of the marriage rate toward economic depression. The marriage rate steadily declined during the period of depression. Apparently marriages decrease during depression periods but fertility may increase. In families on relief the birth rates are found much in excess of those obtaining in families which maintain economic independ ence. It is suggested that enforced idleness tends toward a moral let-down and there is a rise in illegitimacy.
BIBLIOGRAPHY.-U.S. Department of Labor, Children's Bureau, Bibliography.-U.S. Department of Labor, Children's Bureau, Chart No. 16: "Paternity Laws. Analysis and Tabular Summary of State Laws Relating to Paternity and Support of Children Born Out of Wedlock;" U.S. Department of Commerce and Bureau of Census: "Birth, Stillbirth, and Infant Mortality Statistics, 1936;" "Illegitimacy During the Depression," Statistics Bulletin of the Metropolitan Life Insurance Company, vol. 17, pp. 7-9 (July 1936). (M. FL) Extra-European Rates.—In the European countries with which we have dealt and in those inhabited by European stocks, it is evident that the illegitimates form a comparatively insignifi cant fraction of the total population. The same remark holds good for Japan as the following figures show:— Illegitimate Births Per 1,000 Total Births Japan: 1891-95: 116; 1899-1905: 91; 1921-25: 78.
Here the decline in the proportion of illegitimate to total births has been marked and continuous. A different picture is presented by the Central and South American countries for which the fig ures are available, these being given in Table III.
It is quite evident from these figures that illegitimacy is looked upon in these countries in a light very different from that in which it is regarded in those peopled mainly by Europeans; as in Jamaica and other of the West Indian islands the population is largely recruited from the unmarried. Indeed, in Salvador and Panama those of legitimate birth constitute the smaller fraction of the population, and in several of the others the proportion of illegitimates shows a rising tendency. (S. DE J.)