Illegitimate Children
27. Definition of illegitimacy; its frequency.—A bastard is one whose father refuses to take the mother as his legal wife for any period of time, however short. The marriage of the parents after the birth of the bastard, consequently, legitimizes the child.
Bastardy is not very frequent. It is extremely frequent, however, for a girl to become pregnant before her marriage. But in such cases her lover usually marries her. It is usually in cases of doubtful parentage and in cases in which one of the parents is of vastly different status as to wealth that a marriage does not follow pregnancy. But there are also a few cases of bastardy surrounded by other circumstances.
28. Obligations of father to bastard child.—The father of a bastard must give his child a rice field if he has a field unassigned. He must also give the mother an oban, or blanket, with which to carry the child after the Ifugao fashion on her back. The value of this gift is principally in its constituting a formal recognition of the child.
The mother’s rights are enforced by her kin. To a certain extent the same is true of the bastard’s rights. A man is never forced to marry a woman against his will—an Ifugao woman would be ashamed to ask such a thing. Such a marriage, too, would not be congenial. The mere making of a bastard a legitimate child is not of sufficient importance to justify such a marriage. Besides, the Ifugaos have a saying, kumadangyang di inlaglaga: “The bastard becomes a rich man.”
Except in the matter of division of estates, the bastard has the same rights as legitimate children. His father’s kin back him in legal procedures and avenge his wrongs as if he were legitimate. The father and his kin assist him in his marriage feast and in other feasts that may be necessary.
29. Determination of parentage.—The ordeal is employed when two or more men are accused of being the father of a bastard. The woman’s word is not sufficient to settle the parentage. The one she accuses may lay the matter at the door of another. The ordeals used are the duel with runo stalks, or eggs, and the hot water test. The woman, holding the babe in her arms, sits half way between the two controversants.
The Ifugao has the remnant of a peculiar belief that a child may be begotten by two fathers. They say, for example, that if A and B, two men, are having sexual intercourse with a woman, Z, and that if it is settled by fate that A and B each shall beget a child of the male sex, Z will conceive and the child may be the son of both of them. But if A is fated to beget a female child, and B to beget a male child, the semen of the one undoes that of the other, and the woman does not conceive. This belief is not taken seriously as a rule; but I have heard it advanced in a case of illegitimate birth.[9]
Accordingly, should each of the two men be struck by the eggs thrown in the duel to decide the parentage of the child, or should both be scalded by hot water, the Ifugao, formerly at least, held that the child belonged to each of them.