ILLEGITIMATE CHILDREN. In strictness of law an illegitimate child, that is, one born out of wedlock, has no parent, and consequently he has no rights as against his natural parents, and they owe him no corresponding obligation. Nat ural parents at common law were, therefore. not bound to support their illegitimate child. and in ease of their death intestate he acquired no in terest in their property as heir or next of kin. The English Poor Law or Bastardy Aet, which has been substantially reenacted- in most. of the United States, has qualified the common-law rule as to the duty of parents to maintain their ille gitimate children.
As between the father and mother of the child the English statute makes the following requirements: The father is not bound even by the poor laws to maintain the child, and the parish officers cannot institute any proceedings whatever against him for this purpose: but the mother or the guardian of the child may, to a certain extent, compel him to contribute toward the child's maintenance and education. The first step is to go before a justice of the peace and obtain a summons of affiliation. The father is then cited before the magistrate, and if the mother swears that he is the father of the child. and some material part of her state ment is corroborated by a third party, the magis trate may make an order directing the father to pay the expenses of lying in and a weekly sum until the child attains the age of sixteen. The mother may make this application either a few months before the birth, or within twelve nsinths after the birth; and even after that time, pro vided that she can prove that the putative father paid her some money on account of the child with in the twelve months. The putative father in these cases is a competent and compellable wit ness. The poor laws tnakc the mother liable to maintain the child until it attains the age of sixteen; and not only is she so hound. but any man who marries her is also by statute hound to support all her illegitimate children until they at tain that age. As regards the custody of illegiti
mate children, the mother is the party exclusively entitled, for the father is deemed in point of law not to he related to such child. Yet, if the father has in point of fact obtained the custody of such child, and the child is taken away by fraud, the courts will restore the child to his custody, so as to put him in the same position as before.
'Fite bastardy statutes in the United States in general differ only in minor particulars from the English statute. One important dint-naive, how ever, is a provision generally adopted authorizing the poor officers or other officials to bring bastardy proceedings directly against the putative father without the intervention of the mother. Although the father of an illegitimate child is under no direct positive obligation to support hi, child, the natural relationship has been held in some States to he a sifilieient con sideration to support and render enforceable the father's promise or agreement third persons to pay fur the support. of the child eNe11 if made atter the support has been given.
In some States also illegitimate children are by statute made heirs at law of the mother. Such is the law in New York. provided the mother leave no legitimate ehildren. The mother may also inherit from her illegitimate child.
Consult: Field, Legal Relations of Infants, Parent and Child. etc. (Rochester, lsss ; Cases on Domestic Rtla (ions (1;).t1111, I S91 i : Fraser, Treatise on the Laic of Xeot land if (,) Pan nt and Child, etc. (2.1 ed.. Edinburgh, sst)1 Eversley, Law of the Domestic Ifs lotions. (Lon don, ISS5) Arndts, -jurist ische 1:nenelopathe ( 9th ed., Stuttgart, 1S95); and the authorities referred to under such titles as DomEsm: