Illegitimacy

The recent adoption by four states-- Nevada, New Mexico, North Dakota, South Dakota--of the Uniform Illegitimacy Act represents an important advance in the movement to secure uniformity in U. S. law. This Act, however, does not go farther than to provide the machinery by which both parents (or one of them) of a child born out of wedlock, are (or is) compelled to support that child. The current Columbia Law Review points out that, in the main, the rights of the child, the duties of the parents and the relations of both to the community are determined in a rather widely varying fashion by the legislative enactments of the several states. The laws of many of the states, such as Louisiana, still show the effect of the once general belief that illicit intercourse is discouraged by casting a stigma on its offspring. Arizona, on the other hand, is a world pioneer in abolishing distinctions between children born in and out of wedlock. One of its statutes (Ariz. Laws 1921, c. 114) provides that every child is a legitimate child of its natural parents, is entitled to support and education, may inherit and transmit property to the same extent as if it had been born in lawful wedlock. This statute, however, goes on to declare that "this law shall not be so construed as to give to said child the right to dwelling or residence with the family of its father, if such father be married."

The problem of the illegitimate child is as old as the institution of marriage. The first policy of the law was to refuse such offspring any legal recognition. As early, however, as 1575, one finds an English statute providing that, when a bastard was born in any parish, the local justices of the peace might order the child to be kept by the public authorities and compel either the mother or the reputed father to contribute to its support. The Norwegian law is today considered the most enlightened legislation on the subject. It gives the child the right to be supported according to the economic situation of the more favorably placed parent.

Illegitimacy is less common in the U. S. than in most parts of Europe and the remainder of the civilized world. U. S. records, however, are unsatisfactory; such statistics as we have show that the only states with an illegitimate rate higher than 2% of the total births are those having a considerable Negro population. In Europe, where statistics on this subject are also unsatisfactory, Austria, Germany and France have a high rate of illegitimacy.