DEVON-L ArchivesArchiver > DEVON > 2002-05 > 1022667662
From: "JohnO" <>
Date: Wed, 29 May 2002 11:21:02 +0100
With the recent comments on Bastardy Bonds and Filiation Orders
it occurs to me that further detail on the subject might be of interest
In English law a bastard is one born of parents not legally married.
By an Act of 1926 a person born a bastard may be legitimated by
the subsequent marriage of the parents and an Act of 1959 provides
that this may be done even where the child was born in adultery.
Old terms encountered, albeit rarely, may be:
bastard eigne - when a man has a bastard son and subsequently
married the mother, and by her had a legitimate son, the eldest son was
bastard eigne, and the younger was mulier puisne.
filius nullius - son of no man
filius populi - son of the people
It may not be realised that Bastardy Bonds/ Filiation Orders until very recently
still in existence though in a different guise.An Affiliation Order (when the spelling
changed and why, I don't know) is the process by which a single woman or
married woman living apart from her husband applies to a JP for a summons
to be served on the man alleged by her to be the father of a child born, or to
be born, to her. The summons is to appear before a magistrates' court
(now called the Family Panel), who are to hear the evidence on both sides.
If the woman's evidence is corroborated in some material particular by other
testimony (nowadays most commonly DNA evidence), to the satisfaction
of the justices, they may adjudge the man to be the putative father of the child
in question, and make an Affiliation Order on him for the payment to the mother of
a sum of money for the child's maintenance. Much of the foregoing has
in quite recent years been the preserve of the Child Support Agency though the
principles established hundreds of years ago by the Elizabethan Poor Law
Kingston upon Thames, Eng.
|Bastardy by "JohnO" <>|