The mother is the legal parent. The child is not legitimized on the marriage of its parents. The child has no rights of inheritance from either parent. Where paternity is established the father is liable for support (or alimony). In Scotland the marriage of the mother with the father legitimizes the child. In Ireland the mother is not allowed to claim alimony herself—she must go into the workhouse and the guardians must sue for her.
To Obtain an Affiliation Order.
By the Bastardy Laws Amendment Act, 1872, the mother must apply to a justice of the peace for a summons to be served on the man alleged by her to be the father of her child. The cost of this summons is 3/6 with an additional 2/- for delivery if beyond the limits of a city borough. The cost of the affiliation order, when obtained, is 9/-. The application for the order may be made before the birth of the child or within twelve months after the birth. It cannot be done after that time unless (1) the man has acknowledged his paternity by paying money for the child, (2) the alleged father has left England, in which case a summons can be served any time within 12 months after his return.
The Affiliation Order.
The maximum amount that up to the present time has been allowed under an Affiliation Order is 5/- a week, such payments to continue until the child reaches the age of sixteen years. The justices determine the exact amount the father shall pay. It also rests entirely within their discretion to make any allowance for the mother's expenses at the time of birth. In fixing the sum the justices are supposed to act having regard to all the circumstances of the case, and often the payments were fixed as low as 2/6 or 3/6 per week before the passing of New Act 1919.
The Affiliation Orders Act, 1914.
By the Affiliation Orders Act, 1914, two important changes in the law were gained. The appointment of an officer, known as the collecting officer, took out of the hands of the mother the work of collecting the weekly payments granted under the maintenance order, while new powers were given of enforcing payment from a defaulting father. Further, the compulsory interval of six days (a period which gave the man opportunity to escape) between the summons and the appearance in court of the putative father was abolished.
The New Act.
The inadequacy of such sums with which to bring up a child has at last led to action, and the maximum of 5/- a week has been done away with. The maximum payment in the future will be 10/- a week. This Act (which is called the Affiliation Orders Increase of Maximum Payment Act, 1918) came into operation on January 1st, 1919.