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In law, affiliation (from Latin affiliare, "to adopt as a son") was previously the term to describe legal establishment of paternity. The following description, for the most part, was written in the early 20th century, and it should be understood as a historical document.
In England a number of statutes on the subject have been passed, the chief being the Bastardy Act 1845 (8 & 9 Vict. c. 10), and the Bastardy Laws Amendment Acts 1872 and 1873.
The mother of a bastard may summon the putative father to petty sessions within 12 months of the birth (or at any later time if he is proved to have contributed to the child's support within 12 months after the birth), and the justices, after hearing evidence on both sides, may, if the mother's evidence be corroborated in some material particular, adjudge the man to be the putative father of the child, and order him to pay a sum not exceeding five shillings a week for its maintenance, together with a sum for expenses incidental to the birth, or the funeral expenses, if it has died before the date of order, and the costs of the proceedings. An order ceases to be valid after the child reaches the age of 13, but the justices (also referred to as Gold writers under these circumstances)[ citation needed ] may in the order direct the payments to be continued until the child is 16 years of age. [1]
An appeal to quarter sessions is open to the defendant, and a further appeal on questions of law to the King's Bench by rule nisi or certiorari . Should the child afterwards become chargeable to the parish, the sum due by the father may be received by the parish officer. When a bastard child, whose mother has not obtained an order, becomes chargeable to the parish, the guardians may proceed against the putative father for a contribution. [1]
Any woman who is single, a widow, or a married woman living apart from her husband, may make an application for a summons, and it is immaterial where the child is begotten, provided it is born in England. An application for a summons may be made before the birth of the child, but in this case, the statement of the mother must be in the form of a sworn deposition. The defendant must be over 14 years of age. No agreement on the part of the woman to take a sum down in a discharge of the liability of the father is a bar to the making of an affiliation order. In the case of twins, it is usual to make separate applications and obtain separate summonses. [1]
The Summary Jurisdiction Act 1879 (42 & 43 Vict. c. 49) makes due provision for the enforcement of an order of affiliation. In the case of soldiers an affiliation order cannot be enforced in the usual way, but by the Army Act 1881 (44 & 45 Vict. c. 58), if an order has been made against a soldier of the regular forces, and a copy of such order be sent to the secretary of state, he may order a portion of the soldier's pay to be retained. There is no such special legislation with regard to sailors in the Royal Navy. [1]
In the British colonies, and in the states of the United States (except for California, Idaho, Missouri, Oregon, Texas and Utah), there is some procedure (usually termed filiation) akin to that described above, by means of which a mother can obtain a contribution to the support of her illegitimate child from the putative father. The amount ordered to be paid may subsequently be increased or diminished (1905; 94 N.Y. Supplt. 372). [1]
On the continent of Europe, however, the legislation of the various countries differs rather widely. France, Belgium, the Netherlands, Italy, Russia, Serbia and the Canton of Geneva provide no means of inquiry into the paternity of an illegitimate child, and consequently all support of the child falls upon the mother; on the other hand, Germany, Austria, Norway, Sweden, Denmark and the majority of the Swiss cantons provide for an inquiry into the paternity of illegitimate children, and the law casts a certain amount of responsibility upon the father. [1]
Affiliation, in France, is a term applied to a species of adoption by which the person adopted succeeds equally with other heirs to the acquired, but not to the inherited, property of the deceased. [1]
In India, affiliation cases are decided by section 125 of Criminal Procedure Code. According to this section - among other things - if a person having sufficient means neglects or refuses to maintain his illegitimate child, a magistrate of the first class may, upon proof of such neglect or refusal, order such person to make a monthly allowance for the maintenance of such child. [2]
Child support is an ongoing, periodic payment made by a parent for the financial benefit of a child following the end of a marriage or other similar relationship. Child maintenance is paid directly or indirectly by an obligor to an obligee for the care and support of children of a relationship that has been terminated, or in some cases never existed. Often the obligor is a non-custodial parent. The obligee is typically a custodial parent, a caregiver, or a guardian.
Paternity law refers to body of law underlying legal relationship between a father and his biological or adopted children and deals with the rights and obligations of both the father and the child to each other as well as to others. A child's paternity may be relevant in relation to issues of legitimacy, inheritance and rights to a putative father's title or surname, as well as the biological father's rights to child custody in the case of separation or divorce and obligations for child support.
DNA paternity testing is the use of DNA profiles to determine whether an individual is the biological parent of another individual. Paternity testing can be especially important when the rights and duties of the father are in issue and a child's paternity is in doubt. Tests can also determine the likelihood of someone being a biological grandparent. Though genetic testing is the most reliable standard, older methods also exist, including ABO blood group typing, analysis of various other proteins and enzymes, or using human leukocyte antigen antigens. The current techniques for paternity testing are using polymerase chain reaction (PCR) and restriction fragment length polymorphism (RFLP). Paternity testing can now also be performed while the woman is still pregnant from a blood draw.
Legitimacy, in traditional Western common law, is the status of a child born to parents who are legally married to each other, and of a child conceived before the parents obtain a legal divorce. Conversely, illegitimacy, also known as bastardy, has been the status of a child born outside marriage, such a child being known as a bastard, a love child, a natural child, or illegitimate. In Scots law, the terms natural son and natural daughter carry the same implications.
In the Hebrew Bible and Jewish religious law, a mamzer is a person who is born as the result of certain forbidden relationships or incest, or the descendant of such a person. Mamzer status is not synonymous with the traditional western definition of illegitimacy, since it does not include children born to unmarried mothers.
A bastard in the law of England and Wales is an illegitimate child, that is, one whose parents were not married at the time of his or her birth. Unlike in many other systems of law, there was previously no possibility of post factum legitimisation of a bastard. This situation was changed in 1926.
Summary jurisdiction, in the widest sense of the phrase, in English law includes the power asserted by courts of record to deal brevi manu with contempts of court without the intervention of a jury. Probably the power was originally exercisable only when the fact was notorious, i.e. done in presence of the court. But it has long been exercised as to extra curial contempts.
Dutch nationality law details the conditions by which a person holds Dutch nationality. The primary law governing these requirements is the Dutch Nationality Act, which came into force on 1 January 1985. Regulations apply to the entire Kingdom of the Netherlands, which includes the country of the Netherlands itself, Aruba, Curaçao, and Sint Maarten.
Judgment summons, in English law, a summons issued under the Debtors' Act 1869 on the application of a creditor who has obtained a judgment for the payment of a sum of money by instalments or otherwise, where the order for payment has not been complied with. The judgment summons cites the defendant to appear personally in court, and be examined on oath as to the means he has, or has had, since the date of the order or judgment made against him, to pay the same, and to show cause why he should not be committed to prison for his default. An order of commitment obtained in a judgment summons remains in force for a year only, and the extreme term of imprisonment is six weeks, dating from the time of lodging in prison.
Paternity fraud is one form of misattributed paternity or paternal discrepancy. Specifically, paternity fraud is the intentional misidentification of a child's biological father by its mother. Paternity fraud is distinct from other, unintentional misattribution, which may arise from simple error, an accident such as a mix-up during fertility treatment, or a sexual assault.
The Uniform Reciprocal Enforcement of Support Act (URESA), passed in 1950, concerns interstate cooperation in the collection of spousal and child support. The law establishes procedures for enforcement in cases in which the person owing alimony or child support is in one state and the person to whom the support is owed is in another state.
In the United States, child support is the ongoing obligation for a periodic payment made directly or indirectly by an "obligor" to an "obligee" for the financial care and support of children of a relationship or a marriage. The laws governing this kind of obligation vary dramatically state-by-state and tribe-by-tribe among Native Americans. Each individual state and federally recognized tribe is responsible for developing its own guidelines for determining child support.
George Hunn Nobbs baptised George Hunn was an English missionary on Pitcairn Island and later Norfolk Island, where many of his descendants still live today.
Supposititious children are fraudulent offspring. These arose when an heir was required and so a suitable baby might be procured and passed off as genuine. This practice seemed to be a common occurrence in Ancient Rome, being used to claim birthright status to a Roman father's wealth and prestige, and rules were instituted to ensure that the children claimed by the wife were the legitimate children of the husband, or ex-husband, in some cases.
In the United States of America, the putative father registry is a state level legal option for unmarried men to document through a notary public any woman they engage with in intercourse, for the purpose of retaining parental rights for any child they may father.
Colonial America bastardy laws were laws, statutes, or other legal precedents set forth by the English colonies in North America. This page focuses on the rules pertaining to bastardy that became law in the New England colonies of Massachusetts, Connecticut, and Pennsylvania from the early seventeenth century to the late eighteenth century. The colonies established many laws based on a combination of old English common law and their religious faith. European settlers established rules to guide society upon their arrival in North America. Many of these rules strongly resembled the established guidelines set forth by England. Although the laws differed initially in their creation and enforcement, by the late eighteenth century, the New England colonies and the colony of Pennsylvania had altered their laws pertaining to bastardy to be mirror images of the laws in effect in England.
Civil procedure in South Africa is the formal rules and standards that courts follow in that country when adjudicating civil suits. The legal realm is divided broadly into substantive and procedural law. Substantive law is that law which defines the contents of rights and obligations between legal subjects; procedural law regulates how those rights and obligations are enforced. These rules govern how a lawsuit or case may be commenced, and what kind of service of process is required, along with the types of pleadings or statements of case, motions or applications, and orders allowed in civil cases, the timing and manner of depositions and discovery or disclosure, the conduct of trials, the process for judgment, various available remedies, and how the courts and clerks are to function.
Anne Orthwood's bastard trial took place in 1663 in the then relatively new royal Colony of Virginia. Anne Orthwood was a 24-year-old maidservant when she became pregnant with her illegitimate twins. The father was the nephew of a powerful Virginian politician who felt that Anne's pregnancy would tarnish his family's reputation. Anne Orthwood died during childbirth, leaving behind her only surviving son, Jasper, with no one willing to claim him as their own. The four different cases that stem from the original trial of Anne Orthwood give a glimpse into the world of America in the seventeenth century as well as highlight the reasons legal systems are created in the first place.
A knobstick wedding is the forced marriage of a pregnant single woman with the man known or believed to be the father. It derives its name from the staves of office carried by the church wardens whose presence was intended to ensure that the ceremony took place. The practice and the term were most prevalent in the United Kingdom in the 18th century.
Recognition is the process in some jurisdictions whereby a man is recognised as the father of a child in situations of no presumption of paternity, generally because the mother is unwed. Historically, the Roman law principle of mater semper certa est causes the action was not available to mothers, but the introduction of in-vitro fertilisation has changed that to change. Recognition is an act that confers legitimacy on the child.
The dictionary definition of affiliation at Wiktionary
