Professional Documents
Culture Documents
STUDY
ON THE LEGAL POSITION
OF
Geneva, 1939
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L E A G U E O F N A T IO N S
STUDY
ON THE LEGAL POSITION
OF
TABLE OF CONTENTS
Page
I. I ntroduction ......................................................................................... 1
Page
C. N ationality........................................................................... 25
( a) Child’s Original N a tio n a lity ............................. 20
(b) Child’s Acquired N a tio n a lity ........................... 27
(i) Acknowledgment................................... 27
(ii) L eg itim a tio n .......................................... 28
(Hi) Adoption ................................................. 28
(c) Change in the Father’s or Mother’sNationality 28
(i) Naturalisation ........................................ 28
(ii ) Marriage. ............................................ 29
D. Legal D o m icile.................................................................. 29
IV. L egal P rotection of the Child :
1. Special Measures concerning Registration of Births and
Official Documents disclosing Illegitimacy...................... 30
A. Registers of B i r t h s ............................................................ 30
B. Full Extracts .................................................................... 31
C. Abridged E x t r a c t s ............................................................ 32
D. Variable F o r m s.................................................................. 34
E. Other Official D o cu m e n ts.............................................. 34
2. Acknowledgment of Illegitimate Children............................. 35
A. Legal Acknowledgment :
(a) Establishment of M a tern ity ............................. 35
(b) Establishment of Paternity ............................. 35
(i) M e th o d s................................................. 35
(ii) Conditions ............................................ 36
(Hi) Prescription.......................................... 37
(iv) T i m e ....................................... 38
(v) O b je cts................................................... 38
(vi) Plaintiffs .............................................. 38
(vii) Defendants .......................................... 39
(vii i) Methods of Defence ........................... 39
B. Voluntary A cknow ledgm ent.......................................... 41
(a) Formal Acknowledgment :
(i) F o r m s ................................................... 41
(ii) Formal Effect .................................... 41
( in ) Children who can be acknowledged 42
(iv) T i m e ..................................................... 42
(v) Persons who may acknowledge the
C hild ....................................................... 42
( vi) C apacity................................................ 43
(vii) Approval................................................ 43
(viii) Legal E f f e c ts ........................................ 44
(b) Tacit A cknow ledgm ent..................................... 44
C. Social Effects .................................................................... 45
Page
3. Re-establishment of the Legitimate Status of Children. . . 45
A. Legitimation b y Acknowledgment ............................ 45
B. Legitimation b y an Authoritative Act of the State 46
(a) Legitimation by Adoption ............................... 46
(b) Legitimation by Rescript ................................. 46
(i) C ond itions............................................... 46
(ii) Form ...................................................... 47
(Hi) Application ............................................ 47
(iv) E ffects........................................................ 47
( c) Legitimation by J u d g m e n t............................... 47
C. Legitimation by the Subsequent Marriage of the
Father and M other........................................................ 48
(i)
Conditions . ..................................................... 48
(ii)
Form ........................ 48
(Hi)
T i m e .................... 49
(iv)
O b je cts................................................................ 49
(v)
Consent .............................................................. 50
(vi)
Contestation ..................................................... 50
(m i)
Formal Effect ................................................... 51
(viii)
Legal E f f e c t s ................................................... 51
D. Social Effects .................................................................... 51
Page
(g) Appointment of a G u ard ian ............................. 03
(h) R ep resen tation ..................................................... 03
(i) Administration of Property............................... 03
(j) Legal Usufruct of Property ............................. 64
B. Guardianship Rights and Obligations considered
as a W h o le .................................................................... 04
Page
B. Sickness In su ra n ce.......................................................... 91
(a) Beneficiaries .......................................................... 91
(b) B e n e f i t ..................................................................... 92
Annexes.
1. Tables :
(a) Live and Still Births, and the Proportion of Illegitimate
B i r t h s ........................................................................................... 114
V I I I ----
(b) Infantile Mortality Rate per 100 Live Births and the
Proportion of Infant Mortality Rate for Illegitimate
C hildren...................................................................................... 131
(c) Acknowledgment and Legitimation of Illegitimate Child
ren ................................................................................................. 137
2. List of the Principal National Laws on Illegitimate Children . . . 143
3. Selected B ib liog ra p h y ............................................................................ 158
I. IN TR O D U CTIO N
1. D e f i n i t i o n
2. D i f f e r e n t C o n c e p t i o n s of the F a m il y
3. H is t o r y
4. P r e s e n t S i t u a t i o n
1 The legal position of the illegitimate child under the new Estonian
Civil Code which will soon come into force will be essentially different from
what it is under the former Baltic Code.
— 12 —
III. P R E S E N T PO SIT IO N OF IL L E G IT IM A T E
C H IL D R E N
1. L e g a l P o s it io n
1 Under Article 111 of the Civil Code an exception is allowed in the case of
children born more than 300 days after the dissolution of the marriage or
the separation of the parties. This Article provides that : “ The husband
or his heirs m ay refuse to recognise the legitimacy of a child born more than
300 days after the dissolution of the marriage or the judicial separation of
the parties ; but the child and its mother shall also have the right to prove the
paternity of the husband.”
— 17 —
(b) M in im u m Period.
Numerous systems of legislation require the child to be con
ceived during m arriage, and for this purpose lay down the follow
ing periods :
( i) Most countries specify 180 days (the Argentine, B ul
garia, H ungary, Italy, the N etherlands, Poland, Portugal,
Roum ania, Spain,1 Switzerland, Venezuela and Yugoslavia);
( ii) In China, the period is 181 days, and it is 182 days in
L atvia ;
(H i) U nder M ohamm edan law, it is six m onths, and
(iv) U nder Canon law and A ustrian law, seven m o n th s,
(v) I f a child is born in existing wedlock, the rule is th a t
it shall be considered legitimate, however short a time it is
born after the marriage was contracted. I t is provided th a t
a husband can by a simple application release himself from
p a te rn ity in respect of a child born in wedlock (Norway).
2. C i v i l S t a t u s of th e I l l e g i t i m a t e Ch i l d
1 Children born less than 180 days after the marriage are as general rule
regarded as illegitimate, but in certain cases the Civil Code considers them
legitimate. Article 110 provides that : " A child bom less than 180 days
after the marriage shall be presumed to be legitimate in the following eases :
(1) if, before the marriage, the husband knew that his wife was pregnant ;
(2) if, being present, he agrees that the child to whom his wife has given birth
shall be given his name in the birth certificate; (3) if he expressly or tacitly
acknowledges it as his own.”
2
— 18 —
A. Name.
1 Children are entitled to the family name either of the mother or, if
paternity has been established, of the father. If a name has been given
before paternity has been established, and if paternity is subsequently
established, the child may be given the father's family name, subject to
notification being made for entry in the register. Furthermore, in the
event of the parental authority over the child being transferred from one
of the parents to the other, the latter shall be entitled to give the child his
or her family name, subject to notification being made for entry in the
register. Finally, the child, after completing his eighteenth year, but not
later than at the end of his twenty-second year, may send in a notification
for entry in the register, changing his family name to that of the other parent.
If, however, at the time of such notification, the child is under twenty-one
years of age, he must obtain the approval o f the parent who exercised
parental authority over him up to his eighteenth year. Moreover, a change
over to the family name of the other parent m ay be effected only in accord
ance with the rules governing changes of name.
— 20 —
(b) Effects.
In m ost cases illegitimacy is revealed—with all the social
disadvantages which this involves— by the name of the child.
This problem is all the more complicated inasmuch as the solution
which would seem to be the m ost equitable is not always very
satisfactory, for if the child is given his fath er’s name his illegiti
m acy is none the less revealed if he is in the care of his mother,
who will usually bear a different name.
— 21 —
(a ) Castes;
(b ) Fam ily status;
(c) Racial nationality ;
(d ) Religious communities.
(a) Castes.
Castes are groups of persons of the same name, usually dis
tinguished by their endogamous character—i.e., m arriage is only
permitted between members of the same caste. Children, there
fore, belong to the caste of their father and m other. In the rare
eases where a wom an marries into a higher caste the children
belong to the caste of the father. The question of the caste of
the illegitimate child scarcely seems to arise, for in the countries
where castes exist to-day, more particularly in China and Jap an ,
the child is always welcomed rath er th an repudiated by his
natural family.
I t m ay be noted, however, th a t in India, where the caste system
is prevalent, under the present law, marriage is regarded as valid
only between persons of one and the same four leading castes—
e.g., Brahmins, K shatriyas, Vaishyas and Sudras. Consequently,
it leaves a n ample scope for illegitimacy with regard to the off
spring of intermarriages. This problem need not, however, arise
— 22 —
C. Nationality.1
I t would appear th at, under the laws of all countries, every
person is deemed to possess a nationality and to be the subject
or citizen of some State. The laws relating to nationality vary
considerably, and since national law can do no more than define
who are to be deemed nationals of the country concerned and who
are not— since it cannot, th a t is to say, go beyond the denial of
nationality— this gives rise to m any cases of Statelessness, on the
one hand, and of double nationality on the other. B u t these are
merely subsidiary effects of the laws in force and illegitimacy
only comes into the question incidentally. I t is therefore not
proposed to go into the m atter here.
Certain countries have adopted law's on nationality and
naturalisation which aim a t keeping down the num ber of their
nationals. On the contrary, others are anxious to increase their
population. (For instance, in order to acquire French nationality,
a child born in France takes, where necessary, the nationality
of either his father or his mother.) I t is this consideration,
therefore, wrhich determines the relevant provisions of the various
laws relating to illegitimate children, rather th an the country’s
conception of legitimacy ; nevertheless, this conception is of
considerable importance, in view of the p a rt played by filiation in
these m atters.
N ationality laws are based on tw o fundam ental principles—
the jus sanguinis, the principle of filiation, and the jus soli, the
territorial principle. W hen the former prevails, the question
of filiation must, of course, be definitely settled ; b u t even when
the second is the over-riding principle—which is the case under
only a very few legal systems, chiefly the Anglo-Saxon— filiation
is nearly always an im portant secondary consideration.
N ationality can, it would appear, be transm itted only to
minors. (This also applies to legitimate children whose parents
change their nationality, or in the case of a conflict of nationalities
acquired under the jus soli and the jus sanguinis respectively.)
Consequently, the nationality of an illegitimate child can be
affected by acknowledgment or legitimation only during his
minority.
1 Staatsangehôrigkeit.
— 26 —
As the legal domicile is the place where a person has his legal
existence, the m inor’s legal domicile usually depends on the
residence of the person who exercises guardianship rights of
representation and adm inistration in regard to him.
Only in exceptional cases is an entirely different rule applied
in regard to illegitim ate children, as, for instance, in Spain, where
their legal domicile is the place where they usually reside.
In m ost of the countries in which every child is regarded as
legitimate in relation to his mother, his legal domicile is the same
as th a t of his mother.
Lastly, the provisions of most laws relating to legitimate chil
dren appear to apply, mutatis mutandis, to illegitimate children,
their legal domicile being the same as th a t of the person invested
with parental power or guardianship.
— 30 —
1. S p e c i a l M e a s u r e s c o n c e r n in g R e g ist r a t io n of B irt h s
and O f f ic ia l D o c u m e n t s d is c l o s in g I l l e g it im a c y
A. Registers of Births.
In countries wThere the registration of births is compulsory,
legitimacy or illegitimacy is indicated as follows :
(i) In m ost countries, it is explicitly mentioned.
(ii) In certain countries, it is revealed by the names of
the parents.
( Hi) In other countries, illegitimacy m ay be deduced from
the fact th a t the name of one of the parents is missing from
the register of births. This indication, however, is not so
clear. The chief countries in which this is the case are
France, Ireland and certain States of the United States of
America.
(iv ) In Turkey, the name “ Abdullah ” is currently used
as a substitute for the name of the unknown father to avoid
any disclosure of illegitimacy.
Acknowledgment, legitimation or adoption occurring after the
registration of the birth is generally entered as a marginal note.
— 31 —
B. Full Extracts.
C. Abridged Extracts.
D. Variable Forms.
2. A c k n o w l e d g m e n t o f I l l e g it im a t e Ch il d r e n
A. Legal Acknoivledgment.
B. Voluntary Acknowledgment.
1 It is an open question whether paternity has per se any legal effect, but
it m ay make it impossible for the father to defend any action dependent
on paternity being established.
— 45 —
C. Social Effects.
3. R e -e s t a b l i s h m e n t o f t h e L e g i t i m a t e S t a t u s o f C h i l d r e n
A. Legitimation by Acknowledgment.
1 According to the new Estonian Civil Code, the consent of the le g itim a te d
person, if of full age, or of his guardian, is required.
— 51 —
In the laws of alm ost all countries, the parties concerned appear
to have the right to tak e action for annulm ent in case one of the
requisite conditions is n o t fulfilled. Only a few legislations—for
instance, th a t of Switzerland—adm it th a t legitimation m ay be
contested officially.
(vii) Formal Effect.— Most legislations do not appear to provide
for legitimation to be made retroactive as from the birth of the
child, in order to protect rights previously acquired by members
of the family of legitim ate birth. This intention inspires the
laws of some States in Australia, under which the child is con
sidered to be legitim ated as from his birth, b u t m ay only receive
the whole or p a rt of the real or personal property remaining
undistributed a t the d a te of the registration of such legitimation.
Complete retroactivity of legitimation is, however, provided for
by some legislations, including th a t of Canada.
The tim e a t which a legitim ated child acquires his rights
varies according to th e date of acknowledgment as compared
with th a t of marriage. I t would seem th a t the effects of legiti
mation m ay begin a t th e tim e of marriage (for instance, under the
legislations of Austria, Belgium, Chile, D enm ark, France, Ger
many, Ireland, the Netherlands, Portugal, Spain and Switzerland).
In other cases, they appear to begin a t th e time of acknow
ledgment subsequent to the m arriage (for instance, under the
laws of Italy , Salvador and Venezuela).
(viii) Legal Effects.— The laws of all countries appear to agree
in granting to a child legitimated by the subsequent m arriage
of his father and m other the same rights as to a legitimate child.
D. Social Effects.
In the Argentine and the Netherlands, the spouse has the same
claim to the succession as a legitimate child. The spouse has also
to share therefore with the illegitimate child.
In Switzerland, if the deceased leaves descendants, the survi
ving spouse m ay claim a t will the usufruct of half or the ownership
of one-quarter of the estate; if the surviving spouse opts for the
ownership of one-quarter of the estate, an illegitimate child
coexisting w ith a legitimate child receives only half of the share
accruing to the latter— th a t is to say, one-quarter.
Amongst the H indus of India, there is no right of inheritance
on the p a rt of the illegitimates of higher castes, except the claim
of m aintenance ; b u t those of Sudras can inherit and, as such,
take the half share of property along with the legitimates.1
(v ii) In certain countries, illegitimate children inherit in
the same way as legitimate children if the deceased has left
no legitimate child (in Brazil and Japan).
(v iii) In certain countries and especially in those which
regard every child as legitimate in relation to its mother,
this also appears to apply to inheritance (for instance, in
South Australia, Austria, F inland, Germany, Roumania,
H ungary, even in the case of children born of adulterous or
incestuous intercourse, Sweden, Switzerland, certain States
of the United States of America, and Venezuela).
(ix ) The children of parents engaged to be m arried inherit
from their father and m other in the same way as if they were
legitimate. This appears to be of considerable practical
importance, since the fath e r’s death is usually the cause of
their illegitimacy. This is the law in Finland and Sweden.
( x ) Acknowledged illegitimate children inherit from their
father and m other in the same way as if they were legitimate
(for instance, in Denmark, if paternity has been definitely
established, in Finland, in Norway and all countries which
make no distinction between legitimate and illegitimate
children).
As regards the succession of a deceased illegitimate child, it
would appear that, under the laws of m ost countries, this devolves
1 Hindu Law, West and Majid, page 77, § l.B(3), also page 69, § l.A .
— 57 —
(b) Descendants.
In order to ascertain w hether the descendants of an illegitimate
child who has predeceased them m ay inherit in his place, it m ust
first be considered w hether the descendants are legitimate or
illegitimate. I t would appear th a t in all cases in which the
illegitimate child is entitled to inherit, this right passes to his
legitimate descendants. In reality, this is not a question of
inheriting from an illegitimate ascendant b u t of the succession
of a legitim ate child to property which would have been inherited
by his father or mother.
This question is left unsettled by the laws of m any countries,
which simply refer to “ issue ”. Practice appears to vary
considerably.
(c) Ascendants.
On the other hand, in the case of ascendants, the question of
legitimacy assumes a different aspect. Inheritance from ascen
dants is based on legal relationship and, under the laws of m any
countries, no such relationship is deemed to exist between the
illegitimate child and the fath er’s and m other’s families (e.g., in
the Argentine, Belgium and France).
Nevertheless, certain countries which recognise every child as
the legitimate child of his m other grant him the right to inherit
from his m o th er’s family. This appears to be the case in Austria
(as regards th a t p a rt of the estate the inheritance of which is u n
restricted), Germany, Finland, certain States of the United States
— 58 —
(d) Collaterals.
A distinction can also be made between legitimate and illegi
tim ate collaterals—t h a t is to say, according to whether the
brother or sister is or is n o t a legitimate child.
The illegitimate child rarely appears to inherit (as in Chile)
from his brother and sister when these are legitimate, because
in such cases also legal relationship is lacking. Similarly, they
appear to be excluded from his succession, although, under the
French, N etherlands and Spanish laws, they have a reversionary
right to inherit if he dies without issue and his father and mother
have predeceased him.
As stated above, legitim ate collaterals also play an important
p a rt in the determ ination of the illegitimate child’s rights of
succession by operation of law.
Illegitimate brothers and sisters are sometimes entitled to
inherit (for instance, under the Chilian, French and Spanish
Codes).
I n Venezuela, in certain cases, illegitimate brothers on the
m other’s side enjoy equal rights with legitimate brothers, irre
spective of whether the deceased was a legitimate or illegitimate
child.
Illegitim ate brothers and sisters m ay be the children of the
same parents as the deceased or have only one parent in common
— 59 —
B. Testamentary Succession.
(b) Incapacity.
6. O f f i c i a l G u a r d i a n s h i p
A. Guardianship by Ascendants.
B. Testamentary Guardianship.
D. Official Guardianship.
(a) Organisation.
Official guardianship m ay be collective or individual. When
the official guardian takes charge of more th an one child, this is
known as collective guardianship; w7hen he is responsible for only
one child, this is term ed individual guardianship. I n theory as
in practice, the preference as between these two forms of guar
dianship differs from country to country, according to whether
greater weight is attach ed to the advantages of an experienced
and organised guardianship or to those of individual attention.
These forms of guardianship vary considerably.
(i) Collective guardianship exists in South A frica,
Australia, the U nited Kingdom, Canada, Finland, Italy
(in certain cases), Jap an , Portugal, Spain and Switzerland.
(ii) A system of collective guardianship also exists in
Germany, although the present trend appears to be in favour
of individual guardianship.
(H i) In Sweden, on th e other hand, there seems to be a
tendency in practice for this to become to some extent
collective, inasm uch as a comparatively small num ber of
persons are appointed trustees. I t should, however, be
noticed th a t a separate trustee has to be appointed for every
child. There is no collective appointm ent of one trustee
for a whole group of children, or for children born in a certain
area.
(iv ) Individual guardianship appears to exist in Ita ly (in
certain cases), the Netherlands, Siam and Venezuela.
— 71 —
(b) Form.
1Jugendamt.
2 Jugendamter.
— 72 —
(c) Competence.
W here there is a collective guardianship organisation, the
question of competence arises. I t is usually either personal
— th a t is to say, confined to certain categories of children; for
instance, deserted children, orphans, children belonging to a
certain religion—or territorial. In the latter case, it is often
communal (in Finland, Germ any and Sweden) or municipal (in
Austria, in the towns ; and in certain Swiss cantons).
I t m ay be delimited by judicial areas (in Austria, in country
districts) or by cantons or districts (certain Swiss cantons).
In Finnish law, there exists, for illegitimate children, besides
the official guardian, an official curator, who ex officio takes
charge of the interests of all the illegitimate children in his
district. In particular, he is legally responsible for enforcing the
illegitimate child’s right to maintenance.
(d) Duration.
Compulsory official guardianship of the illegitimate child
m ay begin even before birth (in Finland, Norway, Sweden and
Switzerland) or a t birth (in A ustria and Germany) or a t any other
time.
Official guardianship appears to cease when the child attains
m ajority, or other special age-limits m ay be stipulated (the age
of 17 in certain States of A ustralia ; the age of 18 in other States
of A ustralia and in Sweden) as long as the child has the right
to m aintenance (Finland). T h a t right m ay be prolonged for
reasons of sickness, weakness or infirm ity (Finland).
is necessary to enable the child to obtain its own living when the
period of m aintenance is over. This d u ty is so im perative th a t
it is generally completely independent of the actual needs of the
child. The d u ty of providing for the child’s m aterial require
ments falls essentially and prim arily on the authors of its being,
and is as a rule independent of the existence of legal relationship.1
On the other hand, the d u ty of providing m aintenance subsists in
the case of fathers or mothers between whom and their offspring
(for instance, children born of adulterous or incestuous in ter
course) legal relationship cannot be established or wrho do not
desire it to be established (opposition in actions to establish
paternity). The provisions on the m atter vary in different
countries :
( i ) No m aintenance is granted to illegitimate children (to
children born of adulterous or incestuous intercourse, in
Belgium, for instance, during the lifetime of the father or
m other ; in the N etherlands Indies and Portugal).
( ii) M aintenance cannot be granted to children acknow
ledged during the marriage of their father or m other w ith a
third person unless the spouse or legitimate children do n o t
suffer as a result (Belgium, France, Monaco and the N ether
lands). This does not necessarily appear to be so in practice
in the case of the father.
( i n ) A pparently, in the m ajority of other countries,
m aintenance is granted to all illegitimate children.
(a) Duration.
M aintenance is due to the child either up to a given age (for
instance, 3 years in one State of the U nited States of America ;
7 in the case of boys and 13 in the case of girls in Albania ; 14 in
certain Canadian provinces ; 13 in the U nited Kingdom, w ith
power of the court to extend to 16; 16 in other Canadian provinces,
1 Under Article 308 of the Venezuelan Civil Code, the father and mother
are obliged to maintain, bring up and educate their legitimate and adoptive
children and illegitimate children whose filiation has been legally proved.
The person who is obliged to provide maintenance may do so by giving
a maintenance allowance or by receiving and maintaining in his own house
any child entitled to maintenance.
The right to claim maintenance m ay not he renounced.
— 74 —
(b) Nature.
M aintenance norm ally includes ordinary living expenses and
the cost of religious an d secular education and preparation for a
trade or profession. I t m ay also include, amongst other things,
expenses connected w ith illness, baptism, confirmation or burial
(Norway).
M aintenance m ay be given in kind or in cash— generally the
latter in cases where no legal relationship exists—either in the
form of an annuity or a single payment.
1 As people cannot legally marry under the age of 16, maintenance must
cease before marriage is lawful.
2 H indu Law, West and Majid, page 408.
— 75 —
(c) Extent.
The extent of m aintenance varies under the different systems
of law :
( i) M aintenance m ay merely represent the strictly neces
sary m inim um (the Argentine, Ecuador an d Spain).
( ii) I t m ay be fixed a t a definite sum (this is the case in
certain States of the U nited States of America, and also in
W estern Australia, where the am ount is 20s. a week, though
this is regarded only as a minimum).
( Hi) The rate of m aintenance is fixed by the court having
regard to the means of the persons concerned, b u t the rate
cannot exceed 20s. a week (the U nited Kingdom, Ireland 1).
(iv ) I t m ay be fixed according to the m other’s stan d ard
of living (Austria, Danzig, Germany, H ungary and, in cases
of abduction, Ecuador).
(v) The am ount payable by way of m aintenance is th a t
which is deemed reasonable in consideration of the circum
stances of both the parents. E ach of the parents m ust
contribute to the child’s m aintenance in proportion to his or
her income (Sweden).
( vi) I t m ay depend on the m other’s social position, on
1 Where the putative father so consents, a lump sum may be fixed by the
justice in commutation of any weekly sum which might otherwise be payable
by the putative father in respect of the child.
— 76 —
(f) Claims.
The procedure connected w ith claims for the paym ent of
maintenance varies, and there appears to be considerable laxity
in this respect, to the disadvantage of illegitimate children and
their mothers.
( i) M aintenance apparently cannot be claimed from the
father if it has once been paid by the m other or her ascendants
(Germany).
(i i ) In certain countries, civil proceedings m ay be taken
for the paym en t of m aintenance, as for any other debt,
although the refusal of m aintenance to a legitim ate child
constitutes a criminal offence. This appears to be the case
in particular in countries where the refusal is regarded as p a rt
of a general moral offence—namely, desertion.
(H i) Nevertheless, the laws of m any countries provide
for criminal proceedings to secure m aintenance of illegitimate
children. This is so, for instance, in Austria and Germany
on the basis of civil m aintenance obligations ; in Belgium and
in France, where non-paym ent is a criminal offence if the
health of the child has been endangered in consequence (this
applies also to the mother) ; in Canada, on the basis of civil
m aintenance obligations ; in Czecho-Slovakia ; in Denm ark ;
in India, irrespective of the fa th e r’s race, caste or religion ;
in Norway, where the laws relating to im prisonm ent for
debt apply ; in U ruguay; and according to certain Swiss
cantons, in particular if the father evades his maintenance
obligations by accepting a reduced salary.
— 80 —
1. R i g h t s t o M a i n t e n a n c e a n d O t h e r C l a i m s b y t h e M o t h e r
1 Although, under the legislation of the old Kingdom, the legislative power
prohibited the tracing of paternity, Roumanian legal practice, following
French law, endeavoured to remedy the consequences of this restriction by
applying Article 998 of the Civil Code.
Thus, the High Court of Cassation decided that, “ if the facts established
by the judicial instance before which the case is being heard show that the
woman has suffered detriment through intimate relations with a man, as
a result of which a child is born, and that her condition of life has suffered
in consequence, the establishment of these material facts alone sufficing to
prove botli the detriment suffered by the woman and the man’s guilt, they
shall be taken as indicating that the essential elements of the quasidelict
referred to in Article 998 of the Civil Code are present ” (decision of the
Court of Cassation No. 350, June 13th, 19X4). This decision was con
firmed by the Court of Cassation in plenary session (decision No. I ll ,
— 86 —
damages to the m other on the basis rather of the fath er’s civil
liability on the principle of causality th an as the civil remedy in
respect of a criminal act.
Such damages take the form of the paym ent of a lump sum,
the am ount of which is assessed by the court in each case.
January 15th, 1915), while subsequent legal practice even allowed damages
in the form of a monthly maintenance allowance (the Jassy Court of Appeal,
quoted in Pandectele romane. 1922,11.166).
Taking account of the woman’s age and inexperience, Roumanian legal
practice adopts the same principle when seduction occurs w'ith a promise
of marriage (Court of Cassation I, September 29th, 1936, quoted by the
Judicial Courier, 1937, page 314). In accordance writh Roumanian legal
practice, seduction alone does not involve civil liability, since it does not
in itself constitute an offence (Court of Cassation of January 15th, 1915,
quoted by the Judicial Courier, 1915, page 248). The seduction must
contain an element of deception— i.e., must be preceded or accompanied by
a promise of marriage (First Section of the Court of Cassation, December 14th,
1892) or must be rendered possible b y the victim’s state of physical or
moral dependence at the time of seduction (Court of Cassation, January
9th, 1929).
— 87 —
2. R e l a t i o n b e t w e e n M o t h e r ’s a n d C h i l d ’s
M a in t e n a n c e R ig h t s
P o p u l a t io n
A. M aternity Insurance.
(a) Beneficiaries.
( i) W henever the m other receives benefit under her own
insurance, th e m atter is settled explicitly. Only the Netherlands
appear to refuse any benefit in cases of illegitimate birth, by
stipulating th a t only insured m arried women m ay receive such
benefit. Most of the countries allow benefit to all insured women.
The Argentine Law of 1936 even states t h a t all women, “ whatever
may be their civil status ”, are to receive benefit.
( ii) W henever m arried women receive benefit in respect of
their husb an d ’s insurance (the problems of double insurance and
the priority of the husband’s or wife’s insurance do not affect this
study), the question seems, to all intents and purposes, eliminated
in practice. The possibility th a t the child m ight be born of
adulterous intercourse is apparently not considered in this case.
(H i) Benefit derived from the insurance of a father who is not
the m o th er’s husband has seemingly not been treated in the laws
of any country, although some forms of legislation allow illegi
tim ate children to benefit in other ways as “ dependents ” or
“ persons who m ay be regarded as members of the family ” .
(iv ) M aternity allowances for mothers who are daughters of
insured persons are payable as a form of indirect “ dependent’s "
insurance in Germ any; this system does not solve the question
in theory, b u t in practice there is reason to believe th a t this will
generally apply to illegitimate births.
The following is a rough sum m ary of the m aternity insurance
laws in the various countries :
(1) The Netherlands refuse all benefit for illegitimate
births ;
(2) Many countries which allow m aternity benefit in respect
of one insurance only invariably seem to give preference
to th a t of the m other ; in practice, this implies equal tre a t
m ent of legitim ate and illegitimate births. The granting
of benefit in respect of the husband’s insurance would
establish a distinction in favour of legitimate births.
(3) A great m any countries, especially in recent times,
make no distinction as regards civil status—the Argentine,
British Columbia (Canada), Denmark, Estonia, France,
— 91 —
B. Sickness Insurance.
2. B r a n c h e s o f I n s u r a n c e b a s e d o n C i v i l L i a b i l i t y
A. Accident Insurance.
(a) Beneficiaries.
The categories of illegitimate children regarded as beneficiaries
under this branch of insurance are theoretically to be determined
by the various provisions of national law.
In Jap an , for instance, all illegitimate children, even when not
acknowledged, m ay receive an allowance when the insured parent
dies, b u t this benefit is granted to illegitimate children only when
there are no legitim ate children and to unacknowledged illegiti
mate children only when there are no acknowledged children.
Similarly, in the Province of Quebec, Canada, the illegitimate
child receives an allowance on the death of his father only when
the latter leaves no widow or legitim ate or legitim ated children.
In the Union of South Africa, the judge m ay refuse benefit to
illegitimate children in favour of the widow and legitimate
children under 14.
In other countries, the law does not distinguish between legi
tim ate children and the various categories of illegitimate children,
once they have been granted accident insurance benefits.
( i) In India, consequent with the law regarding the right
of inheritance, while the illegitimates of higher castes are
refused benefits, the illegitimates of the Sudras, on the other
hand, have claim on the benefits with the legitimates. It
also follows th a t an illegitimate daughter seems to have a
charge on the benefits for m aintenance as well as for marriage
expenses.
( i i ) Children born of adulterous or incestuous inter
course are refused benefit in Belgium and France.
(H i) Only illegitimate children th a t have been legitim ated
m ay apparently receive benefit under the industrial and
commercial insurance system in Austria and in respect of
social insurance generally in H ungary.
(iv ) In France, the N etherlands, Roum ania and Spain,
all acknowledged children m ay receive benefit.
( v) All illegitimate children m ay receive benefit in
respect of their m other’s insurance ; in respect of the fath e r’s
insurance, the laws in force in Belgium (acknowledgment
— 94 —
(b) Benefit.
Benefit allowed to children in respect of this form of insurance
is as follows :
A t the death of the p aren t insured or in receipt of an invalidity
pension, orphans receive pensions up to a certain age, generally
16, or until they have completed their studies or apprenticeship,
or in cases of infirm ity or serious ill-health. In such cases, either
the orphans m ay be paid a lump sum or the benefit m ay take the
form of an addition on account of family responsibilities to the
pension of the insured invalid parent or of the widow of the
insured father.
(a) Beneficiaries.
The condition governing the granting of this benefit is actual,
and not merely legal, dependence.
The insurance laws in Belgium and France (under which benefit
takes the form of a lum p-sum paym ent) make a definite distinc
tion between children who are dependent on the deceased insured
person and those who are not.
Such a distinction is also made in the case of the illegitimate
child in the U nited Kingdom, where benefit is granted to him
only if he was living with the insured person a t the tim e of the
la tte r’s death. Under these conditions, the illegitimate child
m ay also obtain benefit from the insurance of the m other’s
husband in cases where he is not the father; between him and the
illegitimate child, no legal relationship is deemed to exist.
— 95 —
3. S p e c i f i c S y s t e m s o f N o n - c o n t r i b u t o r y P e n s i o n s
A. Mothers'’ Allowances.
These are non-contributory pensions granted to indigent
m others and are expressly intended for the children they have to
support and bring up themselves. Such allowances are granted
in only a very few countries.
( i ) Such allowances are paid only in respect of legitimate
children, as in some provinces of Canada and some States
of the United States of America ;
( i i ) The allowance is apparently granted only in respect
of legitimate or legitim ated children, as in France;
(i n ) The allowance is paid irrespective of the civil status
of the child, but only to m arried women or widows—for
instance, in some provinces of Canada (sometimes with the
exception of children born of adulterous intercourse) ;
(iv) The allowance m ay also be paid to unm arried women
in British Columbia (Canada) and sometimes in some States
of the U nited States of America and in New Zealand,1 also
subject to certain conditions.
B. Widows’ Allowances.
These are non-contributory pensions granted to widows with
children to support.
(i) The allowance is paid irrespective of the civil status
of the child in A ustralia (New South Wales, b u t not when the
illegitimate child was born after the m other became a widow) ;
( ii) In New Zealand, the widows’ pension can now be
made payable in respect of children who are illegitimate.2
Social welfare is prom pted by the desire and the need to help
the unfortunate. I t has its origin in the d u ty to supply, as far
as possible, w h at is missing in the lives of the weak and poor
—to provide them w ith the m aterial necessaries to which every
member of society is deemed to be entitled both in his own
interest and in the interest of the com m unity. Social welfare
m ay be divided into two branches, according to the nature of the
benefits :
1. Social assistance ;
2. Public health.
1. S o c i a l A s s i s t a n c e
A. Voluntary Assistance.
B. Official Assistance.
(c) Beneficiaries.
2. P u b l i c H e a l t h
(a) Mothers.
The two aims of preventive health measures for m others are :
( i ) To protect the health of the m other ;
( i i ) To protect the health of the child.
The m ethods adopted are m ainly educational. The m ost
usual service is the ante-natal clinic, open to all pregnant women.
In some countries, these clinics are organised by the health a u th o
rities ; in others, th ey are supported by semi-official or voluntary
organisations.
No country has prom ulgated any law or decree to compel
pregnant women to a tte n d an ante-natal clinic. Up to the
present time, very little a tte n tio n has been devoted to the idea
of the compulsory notification of pregnancy. I t is therefore
extrem ely difficult to get into touch with unm arried pregnant
women, particularly as their condition is viewed with disapproval
in m ost sections of society. The field covered by ante-natal
clinics is therefore restricted, because their services are available
only to m others who a tte n d of their own accord.
Generally speaking, the following services are provided by
ante-natal clinics :
( i ) Medical advice;
( ii ) Hom e visits ;
(H i) Instruction of the expectant m other in m atters
concerning her own health and th a t of her child.
Sometimes the clinic itself, or some other voluntary organi
sation attach ed to it or interested in its work, supplements these
services, in the case of indigent expectant mothers, with allow
ances in cash or in kind. In principle, no distinction is made
between m arried and unm arried women ; but, in practice, doctors,
nurses, health visitors and social workers give special attention to
unm arried expectant mothers because of their irregular position.
In some countries (Austria, Czecho-Slovakia, Germany, H u n
gary, etc.), the clinics attach ed to universities extend certain
facilities to pregnant women ; in particular, th eir m aternity
wards adm it all women a t any stage of pregnancy. They are,
th a t is to say, provided w ith board and lodging, clothing, medical
attention, advice on ante-natal hygiene and, where necessary,
— 104 —
B. Medical Treatment.
1 The source of these statistics was in each case the statistical year-book
of the country mentioned.
— 108 —
A N N E X 1—T A B L E S
( a) L IV E AND S T IL L B IR T H S , AND THE P R O P O R T IO N OF IL L E G IT IM A T E B IR T H S
L iv e b i r t h s S till b i r t h s D ie d u n d e r o n e y e a r of age
C o u n tr y Y ear
Total R ate T o tal Total p e r 100
N um ber deaths
N um ber 100 liv e N um ber 100 liv e under
b irth s one y ear
of a g e
1 2 3 i fi 6 7 8 9 10 11
115
1933 111 269 5 ,2 3 9 4 .7
1934 109 475 4,9 2 5 4 .5
1935 111 325 4,9 0 1 4 .4
116
1930 1 51 ,40 6 6 ,1 1 1 4 .0 6 ,2 6 8 400 6 .4
1931 148,538 5,5 1 1 3 .7 6,1 8 3 382 6 .2
1932 1 44,835 5,1 3 3 3 .5 5 ,8 5 0 342 5 .8
1933 135,769 4 ,2 7 4 3 .1 5 ,6 6 2 334 5 .9
1934 132,568 3,9 0 1 2 .9 5,4 7 9 254 4 .6
1935 127,405 3,7 2 6 2.9 5,2 0 9 279 5 .3
117
Canada : 1927 234,188 6,715 2 .9 7,336 302 4.1
It seems that 1928 236,757 7,248 3 .0 7,538 331 4.4
the increase in ] 929 235,415 7,516 3 .2 7,566 400 5.3
the percentage 1930 243,495 8,059 3 .3 7,707 433 5 .6
of illegitimate 1931 210,473 8,365 3.5 7,619 433 5 .7
children is 1932 235,666 8,460 3 .6 7,284 393 5 .4
mainly due to 1933 222,868 8,426 3 .8 6,848 376 5 .5
greater accur 1934 221,303 8,070 3 .6 6,452 354 5.5
acy in the re 1935 222,451 8,344 3 .7 6,449 348 5 .4
gistration of
births.
Live births Still births Died under one year of age
118
Colombia : 1927 201,205 56,3 3 7 2 8 .0
These figures
include still
births.
119
1935 9,3 3 9 882 9 .4 211 30 1 4 .2 774 120 1 5 .5
i
Live births Still births Died under one year of ago
Country Year
Rate Total Hate Total per 100
Total deaths
per Number per Number
N umber 100 live 100 live
births births one year
of age
1 2 1 3 4 5 0 7 8 9 10 11
Algeria : ^ 1 0 , 1 7 7 11 1 , 284. G. 7
1927
a European popula- / 1 4 1 , 7 2 7 *> 835 0 .6
s 1 9 ,2 5 5 a 1 ,2 5 3 6 .5
h Mohammedan popu 1928
lation. / 1 4 9 , 1 0 7 1> 605 0 .4
N 20,1 1 4 a 1,3 0 0 6 .5
1929
/ 1 6 2 ,5 9 6 b 751 0 .5
( 21 ,6 2 2 a 1,318 6.1
1930
/ 1 7 7 , 7 2 8 I) 764 0 .4
S 2 1 ,482 a 1,3 8 6 6 .4
1931
I 1 9 2 ,0 9 2 b 1 ,0 3 8 0 .5
S 21,991 a 1,5 1 7 6 .9
1932
> 1 9 1 ,5 5 4 b 1 ,0 4 2 0 .5
S 21 , 4 2 7 a 1 ,5 7 8 7 .4
1933
> 197,916 b 1 ,3 1 0 0 .7
( 2 0 ,284 a 1,3 5 0 6 .6
121
1934
I 1 9 5 ,5 7 3 b 1,1 5 4 0 .6
\ 2 0 ,085 a 1 ,5 6 7 7 .8
1935
/ 2 1 0 , 1 9 7 ,J 1 ,0 1 2 0 .5
2 3 4 a 10 11 ~
123
1930 58,358 1,863 3 .2
1931 57,080 1,925 3 .4
1932 56,240 1,819
ci
1933 57,364 2,004 3 .5
1934 57,897 2,030 3 .5
1935 58,266 1,940 3 .3
1930 58,115 1,908
1937 56,488 1,813 3 .2
1 " ~2 ■1 4 5 G 7 8 9 10 11
124
p r o v is io n a l. 7 .0
1934 992 ,9 6 6 5 0,1 9 6 5 .0 3 4 ,373 2 ,2 3 2 6 .5 9 8 ,303 a 6 ,3 7 4 a
1935 996,708 47,371 4 .7 3 3 ,849 2 ,0 5 1 6 .1 100,6 6 7 a 6,2 0 5 a 6 .2
1936*' 994,906 4 5 ,370 4 .6
Lithuania : 1927» 4 ,0 2 2 — — —
a T h e fig u re s fo r 1928» 65,945 3 ,8 0 7 5 .8 11,271 919 8 .1
y e a r s 1927-1932
e lu d e s till b i r t h s 19 2 9 a 63,083 3,9 7 8 0 .3 — — 11,108 1,048 9 .4
19 3 0 a 64 ,1 6 4 4 ,2 8 2 6 .7 — — 9,9 0 8 990 1 0 .0
1931a 63,4 1 9 4 ,4 7 7 7.1 — — 9 ,2 2 3 1 ,0 3 2 1 1 .2
1932a 65,371 4 ,8 6 5 7 .4 — — 10,9 0 0 1 ,4 3 3 1 3 .1
rr
00
1933 62 ,1 4 5 4 ,5 9 2 7 .4 818 142 1 7 .4 7 ,5 3 7 1 ,1 1 3
1934 6 0 ,770 4 ,3 1 4 7.1 895 171 1 9 .1 10,059 1,2 01 11 .9
1935 57,9 7 0 4 ,0 8 2 7 .0 953 183 19 .2 7,1 4 6 945 1 3 .2
1936 60,4 4 6 4 ,1 5 7 6.9 885 152 1 7 .2 7,7 5 5 990 1 2 .8
125
Luxemburg : 1927 5,8 6 5 271 4 .6 198 12 6 .0 578 56 9 .7
1928 6,1 1 4 315 5 .1 221 22 9 .9 529 65 1 2 .3
1929 6,2 1 0 324 5 .2 209 14 0 .7 754 77 1 0 .2
1930 6,3 7 7 316 4 .9 232 16 6 .9 577 53 9 .2
1931 5,9 8 8 269 4 .5 222 22 1 0 .0 511 43 8 .4
1932 5,2 9 5 250 4 .7 199 25 1 2 .6 508 46 9 .0
1933 4,8 9 5 171 3 .5 168 21 1 2 .5 44 2 37 8 .4
1934 4 ,6 6 5 153 3 .3 176 11 6 .2 361 18 5 .0
1935 4 ,5 2 3 164 3 .6 167 14 8 .4 348 32 9 .2
Live b irth s S till b i r t h s D ie d u n d e r o n e y e a r o f a g e
I ll e g i t i m a t e b i r t h s I ll e g i t i m a t e b i r t h s Illeg itim a te
C o u n tr y Y ear R ate
T o tal R ate T otal R ate T otal p e r 100
per deaths
N um ber N um ber 100 liv e N um ber
100 liv e
birth s b irth s one year
of a g e
2 3 4 5 0 7 8 !> 10 h
126
1930 182,070 3 ,2 4 5 1.8 4 ,0 0 0 111 2 .4 9,2 8 5 202 2.8
1931 1 77 ,38 7 3,071 1 .7 4 ,5 8 0 102 2 .2 8,8 6 9 276 3.1
1932 178,525 3,09 1 1.7 4 ,6 1 5 95 2.1 8,2 1 2 247 3 .0
1933 171,285 2 ,8 3 5 1 .6 4,4 0 8 90 2 .0 7,5 3 6 189 2 .5
1934 1 72,214 2 ,7 9 7 1.6 4 ,4 3 4 113 2 .5 7,4 0 5 192 2 .6
1935 170,425 2 ,6 2 7 1.5 4 ,3 9 0 103 2 .3 6,8 1 7 170 2 .5
1936 a 171,106 2,588 1.5 4 ,4 1 6 88 2.0 —
Nonvay : 1927 50,175 3,451 6.8 1,225 119 9 .7 2,544 255 a 10.0
■' Approximate figures, 1928 49,881 3,573 7.2
b l >rovisional figures. 1,300 119 9.1 2,442 300 11 12.3 H
1929 tv
48,372 3,459 7.1 1 ,293 119 9 .2 2,631 300 a 11.4 -I
1930 47,844 3,397 7.1 1,274 113 8 .9 2,184 271 a 12.4 ,
1931 45,989 3,208 7 .0 1,238 120 9 .7 2,130 247 a 11.6 1
1932 45,451 3,260 7 .2 1,140 100 9 .3 2,128 363 a 17.0
1933 42,114 2,970 7 .0 1,113 114 10.2 2,003 243 a 12.1
1934 41,833 2,844 6.8 1,006 88 8 .7 1 ,645 191 a 11.6
1935 41,321 2,773 6 .7 1,034 96 9 .3 1,827 213 a 11.7
1936 a 42,842 2,651 6.3 — — —
C o u n tr y Y ear R ate
T o tal R ate T otal R ate T otal p e r 100
N um ber deaths
N um ber N um ber
100 liv e 100 liv e
one y ear
of age
1 2 3 4 5 6 7 8 9 10 11
128
births. 1930 3,699 2,498 67.5
1931 3,671 2,462 67.1
1932 3,543 2,388 67.4
1933 3,450 2,294 66.5
1934 3,265 2,196 67.3
Poland : 1931 u
a A v e ra g e s f o r b o th
950,000 5 7 ,000b 6 .0
1932 S
b C h ild re n b o r n of m a r
ria g e s s u ch as t h e
r i t u a l m a r r i a g e s of
Jew s an d n o t re
g is te r e d a t t h e civil
re g is tr y a r e c o n s i
d e r e d ille g itim a te .
Sweden : 1927 97,994 15,717 16.0 2,555 482 18.9 5,856 1,225 20.9
1928 97,868 15,596 15.9 2,653 500 18.8 5,755 1,154 2 0 .0
1929 92,861 15,052 16.2 2,531 496 19.6 5,436 1 ,054 19.0
1930 94,220 15,405 16.3 2,605 477 18.3 5,157 1,124 2 1 .8
1931 91,074 14,857 16.3 2,633 468 17.8 5,159 1 ,0 1 0 19.6
1932 89,779 14,326 15.9 2,501 459 18.3 4,555 959 2 1 .0 m
1933 85,020 13,169 15.5 2,326 424 18.2 4,210 803 19.1 5©
4 5 1 10 11
1 2 3
130
1931 44,8 5 4 1 2,2 21 2 7 .2
1932 44,0 3 0 12 ,5 6 8 2 8 .5
1933 41,0 5 0 11 ,8 9 8 2 8 .6
Country Year Died under one year o£ age Died under one year ot age
Live births Live births
Number Rate per Number Rate per
100 live births 100 live births
1 2 3 4 5 6 7 8
Died under one year ot age Died under one year of age
Country Year
Live births Live births
Bate per Number Rate per
Number 100 live births 100 live births
j
F i n la n d : 10-27 6!), 521 « , 4.42 <>. :i 6,000 ! 899 14.8
1 71 , :soo 5,15 1. 0,124, R(i 1 j It . 1
I;2 i a . j.ü'2i I— 1 1
u-i-J.
«11», <1<)M T.n
05 , 803 7.1 <>,oo:s 1 (t;>7 11.0
1932 63 ,7 7 8 g . <; 5 ,5 7 4 tiSO 10 .4
1933 6 0 ,070 7 .1 4 ,9 7 7 642 12.9
1934 62,8 2 9 6 .9 4 ,8 8 4 574 11 .7
1935 64,978 6 .3 4 ,9 6 4 564 1 1 .4
1936 6 4 ,092 6 .4 4 ,8 0 3 457 9 .5
133
9 T h e s e fig u res { 1928 1 ,0 5 4 ,7 6 0 8 .9 145,232 19,896 1 3 .7
p r o x i m a t e o n ly . 1929 1 ,0 2 9 ,6 6 1 9 .7 139,401 17,425 1 4 .5
1930 1 ,0 0 8 ,2 5 8 8 .5 1 3 5,8 93 10,986 1 2 .5
1931 9 25,8 2 7 8 .3 1 2 1,9 48 15,121 1 2 .4
1932 8 78,6 1 2 7 .9 114,514 13,398 1 1 .7
1933 8 08,5 0 0 7 .0 102,074 11 ,8 0 7 1 1 .5
1934 1 ,0 3 6 ,9 2 7 6 .9 101,423 10 ,7 5 0 10.6
1935 1 ,1 0 8 ,5 8 2 0 .8 9 8 ,3 9 4 11 ,0 2 0 11.2
Died under one year of age Died under one year of age
Country Year
Live births Live births
Rate per
Number Number 100 live births
7 1 8
4 1 o 1
3 ,0 6 0 552 18.0
1928 3 6 ,0 6 6 8 ,217
Latvia 2,848 460 1 6 .1
1929 3 2 ,8 2 5 3 ,3 4 7
3 ,107 458 1 4 .7
1930 34,728 2 ,9 4 9
3 ,3 0 0 427 12.9
1931 3 3 ,6 7 2 2 ,7 6 4
3 ,5 6 1 530 1 4 .9
1932 33,805 2 ,806
134
3,225 401 12.4
1933 3 1 ,3 5 1 2,239
2 ,958 417 1 4 .1
1934 3 0 ,4 2 5 2 ,7 5 7
3 ,156 390 12.3
1935 3 1 ,2 6 3 2 ,3 2 4
3 ,3 7 7 412 12.2
1930 3 2 ,0 9 1 2 ,430
4 ,592 1 ,1 1 3 2 4 .2
1933 5 7 ,5 5 3 6,424
Lithuania : 4 ,3 1 4 1 ,2 0 1 2 7 .8
1934 5 6 ,4 5 6 8,858
4 ,082 945 23.1
1935 5 3 ,8 8 8 6,201
4 ,1 5 7 990 2 3 .8
1936 5 6 ,2 8 9 6,765
271 65 2 4 .0
1927 5 ,5 9 4 522
L uxem burg : 315 65 2 0 .6
1928 5 ,7 9 9 464
324 77 2 3 .8
1929 5 ,8 8 6 677
316 53 16.8
1930 6,061 524
269 43 1 6 .0
1931 5,710 408
‘250 46 18.4
1032 5,045 402
171 37 2 1 .0
1033 4,724 405
343 153 18 11 .8
4, , 512
104 82 1 0 .5
m m m m I X P27 171 , 04.0
n Those flguros a re 1928 178,702 0 ,053 5 .2 3,3 2 0 250 7 .7
p ro x im a te only.
1029 174,035 10,141 5 .0 3,181 314. 9 .9
1030 178,825 0,023 5.1 3,245 262 8.1
1931 174,316 6,593 5 .0 3,071 276 9 .0
1932 175,434 7,965 4 .6 3,091 247 8 .0
1933 1 6 8 ,4 5 0 7,347 4 .4 2,835 189 6.7
1934 1 6 9 ,4 1 7 7,213 4 .3 2,797 192 6.6
1935 1 6 7 ,7 9 8 6,647 4 .0 2,627 170 6.5
1930 168 ,5 7 8 6,574 3 .9 2 ,5 8 8 — —
135
New Zealand : 1927 26,494 1 ,0 0 3 3 .8 1,387 77 5 .5
1928 25,817 928 3.6 1 ,3 8 3 56 4 .0
1929 2 5 ,4 2 0 840 3.3 1 ,3 2 7 72 5 .4
1930 2 5 ,4 2 6 877 3 .4 1 ,3 7 1 47 3 .4
1931 2 5 ,3 0 7 796 3.1 1 ,3 1 5 60 4 .6
1932 23,622 723 3.1 1 ,2 6 2 54 4.3
1933 2 3 ,2 1 5 728 3.1 1,119 42 3.7
1934 23 ,1 6 1 740 3 .2 1,161 41 3 .5
1935 2 2 ,9 1 9 720 3.1 1,046 53 5.1
1936 23 ,7 1 1 719 3.0 1 ,1 2 6 50 4 .4
1937 24,804 771 3.1 1,210 41 3 .4
L e g iti m a t e c h ild re n Il l e g i t i m a t e c h ild re n
D ie d u n d e r o n e y e a r of a g e D ie d u n d e r o n e y e a r of a g e
C o u n tr y Y ear
Live b irth s L iv e b i r t h s
B a te per N um ber R ate per
N um ber 100 liv e b i r t h s 100 liv e b i r t h s
1 1 2 3 i 5 6 7 8
(c) A C K N O W L E D G M E N T AN D L E G IT IM A T IO N OF IL L E G IT IM A T E C H IL D R E N
Acknowledgment Legitimation
137
Country Year Illegitimate
births On After By subsequent By rescript
Total registration registration Total marriage
1 ‘2 3 4 5 6 7 8 9
Australia : 1927 6 ,2 8 9 1 ,1 0 0
1928 6,331 1 ,0 6 9
1929 6,0 8 8 891
1930 5,9 3 5 810
1931 5,84 1 815
1932 5,3 0 0 792
1933 5,2 3 9 831
1934 4,9 2 9 833
(c) ACKNOW LEDGM ENT AND L E G IT IM A T IO N OF IL L E G IT IM A T E C H IL D R E N (continued).
Acknowledgment Legitimation
Year Illegitimate
Country births On After Total By subsequent By rescript
Total registration registration marriage
1 2 3 4 5 6 7 8 9
138
1934 — 7,7 9 3 7,7 6 1 32
1935 — 8 ,6 0 8 8 ,5 8 2 20
France : 1028 06 ,2 3 2
12 ,38 9
a S till b ir t h s . 134 a
12,256
1929 64 ,2 2 3
132 a
12,190
1930 05 ,4 1 9
151 a
11,289
1931 01,221
111 a
1932 59,043 9 ,2 5 6
1933 53 ,41 1 9 ,4 8 9
1934 51,283 8,871
1935 47,1 9 0 7,8 1 5
139
a P r o v is io n a l 1928 54 ,2 4 4 42,9 2 0
1929 54,3 3 7 42,9 8 4
1930 54,0 9 5 4 2 ,5 1 6
1931 52 ,3 0 4 40 ,2 9 8
1932 51,8 8 0 3 9 , 1 2 0 11
Acknowledgment Legitimation
Year Illegitimate
Country births On After Total By subsequent By rescript
Total registration registration marriage
1 2 3 i 5 6 7 8 9
L u x e m b u r g (c o n td .) : 1933 171 83
1934 153 91
1935 104. 77
140
1928 1,383 349 349
1929 J ,3 2 7 327 327
1930 1,3 71 345 345
1931 1,315 384 384
1932 1 ,2 0 2 331 331
1933 1,1 1 9 404 404
1934 1,1 61 378 378
1935 1,0 4 6 339 339
1936 1 ,1 2 6 412 412
1937 1 ,2 1 0 436 436
Panam a : 1934 9 ,2 5 5 6 ,8 1 6
m
(398 a)
(933 b)
(404 <!)
1 The father of an illegitimate child may and sometimes docs acknowledge the child on registration, in which case the father, as well as the mother,
must sign the registration application. No statistics are compiled of such acknowledgments.
There is an additional process which gives the effect of an acknowledgment—viz., procedure under Section 15 of the Destitute Persons Act, 1910.
In this case, a magistrate makes an affiliation order after the birth of a child—or a maintenance order in pursuance of an affiliation order made before
the birth of a child—giving notice of birth to the Registrar, who thereupon registers as the father the person nominated in the order.
(c) ACKNOW LEDGM ENT AND L EG ITIM A TIO N OF IL L EG ITIM A TE C H IL D R E N (continued).
Acknowledgment Legitimation
Country Year Illegitimate
births On After By subsequent By rescript.
Total registration registration Total marriage
1 2 3 i 5 r. 7 8 9
142
1936 2 ,4 8 6 54 4 724
Uruguay : 1927 1 2 ,0 8 7 1 ,3 0 2 1 ,3 2 7
1928 1 2 ,0 6 3 1 ,4 5 9 1 ,8 4 9
1929 1 2 ,4 5 7 1 ,3 1 6 2 ,7 1 5
1930 — -— —
1931 12,221 1 ,4 3 3 1 ,9 3 7
1932 1 2 ,5 6 8 1 ,2 3 3 1 ,7 7 8
1933 1 1 ,8 9 8 1 ,3 8 0 1 ,8 0 2
— 143 —
ANNEX 2
U n ited S ta te s of A m e r ic a
Alabama .— Code 1907 : sections 711 (as amended by Laws, 1911, page 116),
3760-3761, 3807, 4877-4878, 4880, 5199-5201, 6364-6388;
Laws, 1915 : sections 1-111.
Alaska.— Compiled Laxvs, 1913 : sections 438, 446, 597-598, 2005-2006;
Laws, 1913 : chapter 35, section 2;
Laws, 1915 : chapter 12, sections 1-3;
Laws, 1917 : chapter 56, sections 12-14.
Arizona .— Revised Statutes, 1913, Civil Code : sections 1103-1104, 1118,
1198, 3838, 3840, 3864 (as amended by Laws, 1917 : chapter 54), 4418 ;
Revised Statutes, 1913, Penal Code : sections 249, 251, 369-381.
Arkansas.—K irb y an d Castle’s Digest, 1916 : sections 587-600, 1493 (Consti
tu tio n , A rticle 7, section 28), 1568, 1583, 1589-1590, 1650-1651, 1907-
1908, 2852-2854, 2887, 4155, 6083, 6085, 6095-6096, 6098, 6105.
California.— Deering’s Civil Code, 1915 : sections 59, 84, 138-140, 144-145,
193-195, 196-196a, 200, 215, 224 (as amended by Laws, 1917 : chap
ter 558), 230, 241, 265, 1387-1388;
D eering’s Code of Civil Procedure, 1915 : sections 1962<5>, 1963<31) ;
D eering’s P enal Code, 1915 : sections 270 (as am ended by Laws, 1917 :
ch ap ter 168), 270b, 270d, 271, 271a, 2731' ;
D eering’s P olitical Code, 1915 : section 2290.
Colombia (District of).— Code of Law, 1911 : sections 387, 957, 958, 972-974.
34 U.S. Statutes at Large, page 86; chapter 1131, sections 1-3 (Code,
1911, page 417). 34 U.S. Statutes at Large, page 1010 ; chapter 2280,
section 1. 37 U.S. Statutes at Large, page 134 : chapter 171, sec
tions 1-8.
Colorado.— Revised Statutes, 1908 : sections 134, 353-358, 384, 558 (as
amended by Laws, 1913), 1641, 1769-1770, 2112 (superseded by Laws,
1915 : chapter 74, and 1917 : chapter 65), 4163, 4164, 7046, 7049 ;
Laws, 1911 : chapter 179, sections 1-10;
Laws, 1915: chapter 74, section 1 (superseded by Laws, 1917;
chapter 65).
Connecticut.— General Statutes, 1918 : sections 1795, 4863, 5061, 5289-5293,
6006-6015, 6160, 6389-6390, 6416.
— 144 —
Florida .— General Statutes, 1906 : Sections 1929, 2292, 2579, 2586, 2598-
2602, 3218-3219;
Laws, 1913 : chapter 6483, section 1 ;
Laws, 1915 : chapter 6892, section 14.
Hawaii.— Revised Laws, 1915 : sections 1133 (as amended by Laws, 1915 :
act 48, section 1142), 2272-2273, 2478, 2922-2923, 2940-2941, 2970 (as
amended by Laws, 1915 : act 100), 2971, 2995, 2996 , 3005-3015, 3070-
3071, 3248-3249, 4164.
Laws, 1915 : act 221, section 10 (as amended by Laws, 1917 :
act 227).
Idaho.— Revised Codes, 1908 : sections 2615, 2642, 2669 , 2699 , 2703 , 2709,
5703-5704, 5781, 6781-6782 (as amended by Laws, 1915 : chapter 83);
Laws, 1911 : chapter 191, section 14 ;
Laws, 1917 : chapter 81, section 14.
Iowa .— Code, 1897 : sections 2216, 2224(5), 2250, 3150, 3175, 3185-3186,
3251, 3260° (Supplement, 1913), 3384-3385, 5629-5636;
Laws, 1917 : chapter 326, section 6.
Maine.—R evised S tatu tes, 1916 : ch a p te r 29, section 1 ; chapter 64, sec
tio n 58 (as am ended by Laws, 1917: c h a p te r 176); chapter 65, sec
tions 13, 16-17 ; c h a p te r 72, section 36 ; c h a p te r 80, section 3 ; chapter 85,
section 59; c h a p te r 102, sections 1-6, 7 (as am ended by Laws, 1917;
ch a p te r 84; 8-9; 10, as am ended by Law s, 1917 : chapter 158; 11);
ch ap ter 120, sections 38-41 ; c h a p te r 126, section 8;
Laws, 1917 : chapter 149, sections 1-4.
Minnesota.— General S tatu tes, 1913 : sections 3214-3224 (as amended) and
3225a-3225e (as added by Laws, 1917 : chapter 210), 4651-4652 and
4661-4662 (as am ended) an d 4653a and 4650a-4660b (as added by Laws,
1917, : ch ap ter 220); 7105, 7153-7155 (as am ended by Laws, 1917 :
ch a p te r 222); 7240-7241, 8666-8668 (as am ended, and 8668 as added
by Laws, 1917 : ch a p te r 213); 8697 (as am ended by Laws, 1917 : ch ap
te r 231); 8703a (as added by Laws, 1917 : ch ap ter 211);
10
— 146 —
New Jersey.— Compiled Statutes, 1910; volume 1, page 184 : sections 1-34;
volume 2, page 1784 : section 118; page 1923 : section 13 (as amended
by Laws, 1917 : chapters 139 and 246); page 2022 : section 1 ; volume 3,
page 3874 : section 169 (as amended by Laws, 1918 : chapter 63);
page 3981 : section 35; page 4004 : section 133; page 4012 : section 4
(superseded by Laws, 1911 : chapter 196, section 9);
— 147 —
Utah.— Compiled Laws, 1917 : sections 13, 19, 380-395, 1400-44, 2966, 2968,
3960-3968, 5052, 6413-6414, 6428-6430, 8112-8115.
West Virginia .— Barnes’ Code, 1916 : chapter 63, section 8 ; chapter 78,
section 5-7 ; chapter 80, sections 1-6 ;
Laws, 1915 : chapter 70, sections 4, 5 (as amended by Laws, 1917 :
chapter 63), 20;
Laws, 1917 : chapter 51, sections 1-9.
Wisconsin .— Statutes, 1917 : sections 750-2, 1022-30 (items 5 and 21),
1500 (item 3), 1530-1533, 1533a-1533t>, 1533m, 1534-1542, 1542a-15428,
2273, 2274, 2339n-24 to 2339n-25, 4022, 4585-4586, 4587c-l to 4587e-6,
4587d.
A r g e n tin e R ep u b lic
A u str a lia
A u stria
Civil Code of June 1st, 1811 : Articles 165, 166 (amendment of October 12th,
1914, and March 19th, 1916) ;
Law of February 4th, 1925, on the fulfilment of maintenance obligations ;
Law of February 4th, 1919, on protection of children placed into families
and illegitimate children.
B e lg iu m
B oliv ia
Civil Code of January 1st, 1831 (amended in 1882, 1887, 1890, 1911, 1912
and 1916).
B razil
B u lg a r ia
Chile
C hina
C o lo m b ia
Civil Code o f May 25th, 1873 ;
Law No. 153 of August 24th, 1887;
Law No. 95 of December 9th, 1890.
C osta R ica
Cuba
Spanish Civil Code of 1888 : chapter IV, Articles 129-153, 211, 840-847.
C z e c h o - S lov ak ia
Law of June 30th, 1921 ;
Decree of March 14th, 1930, on measures relating to the supervision of
children boarded out in families, and illegitimate children.
D a n z ig
D enm ark
E cuad or
Civil Code of 1869;
Decree No. 221, of M ay 8th, 1936, am ending Article 269 of th e Civil Code
on the acknowledgm ent of illegitim ate children.
E gy p t
E sto n ia
Civil Code of 1935.
Finland
F rance
Civil Code : Articles 331-342;
Civil Code, amendment of December 19th, 1912, to Article 40;
Law of March 25th, 1896, on inheritance rights;
Law of July 2nd, 1907, on guardianship;
Law of December 30th, 1915, on legitim ation;
Circular of January 13th, 1916, on legitimation;
Law of July 1st, 1922, relating to Article 333 of the Code;
Law of February 7th, 1924, on marriage;
Law of April 26th, 1924, on legitimation : Article 331 ;
Law of August 10th, 1927, on nationality;
Law of January 31st, 1928, on legitimation;
Proposal of November 8th, 1934, for a law7 to establish the guardianship of
children born out of wedlock. Parliamentary Documents, Senate,
Annexes S.E.1934 : 865, Annex No. 567, February 7th, 1935;
— 153 —
Decree of October 30th, 1935, modifying Article 389 of the Civil Code and
authorising the appointment by the court of a trustee to watch over
the moral and material interests of natural children. Journal officiel
de la République française, 67 : 11464-11465, October 31st, 1935.
Report dated January 23rd, 1936, b y M. René Rucklin, Deputy, on behalf
of the Committee on Civil and Criminal Legislation responsible for
examining proposed laws, etc. Parliamentary Documents, Chamber,
Annexes S.0.1936 : 103-105, Annex No. 6382, June 28th, 1936.
G e rm a n y
G reece
G u a te m a la
Civil Code of September 1st, 1926 : Articles 251-274.
H aiti
H o n d u ra s
H u n ga ry
In d ia
" Court Criminal Procedure Act (Affiliation Order) ” of 1898;
“ Criminal Law Act ” of 1913 : Section 488;
Criminal Procedure Amendment Act ”, 1923.
— 154 —
Ireland
Affiliation Orders Act, 1030;
Legitimacy Act, 1931.
Italy
Latvia
Law No. 122, of June 20th, 1928 : Articles 152-157, 166-169, 199 and 209;
Civil Code of January 28th, 1937 : Articles 146-161.
L ithuania
L u x em b u rg
French Civil Code : Article 340 (amended by the Law of June 11th, 1925).
M onaco
Decrees of October 29th, 1884, and July 3rd, 1907, on the position of the
illegitimate child.
N eth erla n d s
Law of November 16th, 1909 (modifying the Civil Code) amended by law of
May 16th, 1934.
Netherlands Indies .—Law of April 30th, 1847 : articles 280-289, amended by
laws No. 108 of 1896 and No. 497 of 1917.
Curaçao and Surinam .— Civil Code of May 1st, 1869, modified by Govern
ment decrees.
— 155 —
N e w Z ealan d
Pensions Act, 1926;
Pensions Amendment Act, 1936;
Family Allowance Act, 1926.
N ic a r a g u a
N ig e r ia
Ordinance No. 27, of October 17th, 1929, amending the laws on children
born out of wedlock.
N o rw a y
Law of June 6th, 1896, on child welfare (amended June 6th, 1930);
Law of April 10th, 1915, on illegitimate children (amended May 31st, 1919,
July 12th, 1920, July 6th, 1923, and July 19th, 1931);
Laws of April 2nd, 1917, and September 29th, 1921, on adoption.
Panam a
P a ra g u a y
P eru
P olan d
Civil Code of the Kingdom of Poland, of 1825, and Law of September 3rd,
1902 (amended by the Law of May 26th, 1913), on the improvement
of the position of the illegitimate child (in force in the former Congress
Kingdom) ;
Law of December 3rd, 1902, supplementing the old Russian Civil Code by
the insertion of Articles 132 and 132a (in force in the former Russian
territory of Poland) ;
Law of December 1st, 1932, on civil procedure (in force throughout Poland) ;
— 156 —
The Austrian Civil Code, with the exception of certain articles abrogated by
fresh provisions, is still in force in the former Austrian territory of
Poland (Galicia).
P o rtu g a l
Law of December 25th, 1910, on child welfare (this law replaces the provi
sions of the Civil Code of July 1st, 1867);
Decree No. 18996 of November 1st, 1930.
R o u m a n ia
Civil Code of November 26th, 1864, amended by the Law of March 15th,
1906 (in force in the old Kingdom of Roumania and the former terri
tory of Bukovina). In the new' provinces (Transylvania and Bess
arabia), the old Austrian Civil Code, the Hungarian civil law and the
old Russian law, respectively, are still in force.
S a lva d o r
S ia m
S p ain
S w ed en
S w itzerla n d
Civil Code of December 10th, 1907, in force since January 11th, 1912;
Articles 302-327 and 461.
— 157 —
T u rk ey
U ru g u a y
Civil Code of April 14th, 1868 (amended in 1914, 1916 and 1920);
Children’s Code (codigo del nino) of A pril 6th, 1936 : Articles 173-222.
V en ezu ela
Y u g o sla v ia
Serbian Civil Code of March 25th, 1844 (amended May 7th, 1868) :
Articles 136-148 ;
Law of April 23rd, 1855 (in force in the former territory of Montenegro) ;
The Austrian Civil Code is still in force in Dalmatia, Croatia and Slavonia ;
Hungarian law is still in force in the Voivodina.
Moslem law has to some extent been superseded by Austrian law.1
A N N E X 3— S E L E C T E D B I B L I O G R A P H Y
I. L IV R E S I. BOOKS
H e a th , H . L l. : The Infant, the Parent, and the State; a Social Study and
Review. P. S. King & Son, London, 1907.
H e r b a t s c h e k : Sammlung der Rechtshilfevertrage mit dem Ausland.
Gerichtshalle, 1926.
H e r m a n n : Die Zivilprozessordnung und die Jurisdiktionsnorm. 7. Auflage,
1925.
H e k s c h , L. : Hasards et régularité constante dans les phénomènes sociaux.
F aculté des sciences économiques et sociales, Université de Genève,
Genève, 1916.
H e y m a n n , E. : Das ungarische Privatrecht und der Rechtsausgleich mit
TJngarn. Tübingen, 1917.
H o f f m a n , F r. : Race Traits and Tendencies of the American Negro. New
York, 1896.
H o o p e r , W . : The Law of Illegitimacy. A treatise on the law affecting
persons of illegitimate birth, with the rules of evidence in proof of
legitimacy and illegitimacy ; and an historical account of the bastard
in mediaeval law. Sweet & Maxwell, Ltd., London, 1911.
H u b e r : System und Geschichtc des schweizerischen Privatrechts. Basel,
1886-1893.
K ip p : Zur Reform der Rechte der unehelichen Kinder. Festgabe für Rudolf
Stammler zum 70. Geburtstage, S. 359 ft'.
K i r c h s t e t t e r : Kommentar zum ôsterreichischen allgemeinen bürgerlichen
Gesetzbuch. Leipzig und Wien, 1894.
K l i b a n s k i : Handbuch des gesamten russischen Zivilrechts. Verlag Decker.
Berlin, 1917.
K l u m k e r , D r. Chr. J. : Uneheliche Kinder in den nordischen Landern und
im deutschen Reiche. Hermann Beyer & Sôhne (Beyer & Mann),
Langensalza, 1925.
Voir aussi sous — See also under K e l l e r .
K r a i n z : System des ôsterreichischen allgemeinen Privatrechts.
K r a m e r : Die Staatsangehôrigkeit der Altdsterreicher und Ungam nach den
Friedensvertragen. Wien, 1926.
I v l t h l e n b e c k : Von den Pandekten zum bürgerlichen Gesetzbuch. III. Teil.
Berlin, 1901.
a) J u r id iq u e s. (a) L egal.
H ahn, O. : ,,Die Einrede der Rechtskraft gegeniiber der Ivlage des unehe-
lichen Vaters gegen das Kind auf Feststellung der blutsmâssigen
Abstammung.11 Juristische Wochenschrift, Nr. 67, Seite 2714-2715,
22-29. Oktober 1938.
H e n d e r s o n , L. M., a n d o t h e r s : (The) “ Legal Status of Illegitimates in
the Commonwealth of Australia.” Journal of Comparative Legislation
and International Law, third series, Volume 3, pages 13-20, 1921.
H e r n y c h o w s k i : „Aufwertung privatrechtlicher Forderungen in Polen.“
Juristische Wochenschrift, 1926, Seite 2806 ; 1927, Seite 948.
f) « S u rvey » ( f) T h e S u rvey
P enzek : „Die Reform der Rechtsstellung des unehelichen Kindes und der
Gesetzentwurf von 1925.“ Kdnigsberger Dissertation, 1928.
P f e i f f e r : ,,Das Recht der unehelichen Kinder. “ Zentralblatt fü r Vor-
mundsckaftswesen, Jugendgerichte u n d Fürsorgeerziehung, 1919, Seite 159.
P o l a k - R o s e n b e r g , C. L. : « Een Deensche wet betrelïende de rechts-
positie van het natuurlijke kind. » Tijdschrift voor armwezen, No. 17,
0, 10 Januari 1938.
« Sur une loi danoise concernant les enfants illégitimes, entrée en
vigueur le 10 janvier 1938. »
A Danish law on the legal position of the illegitimate child : came
into force on January 10th, 1938.
A llem a g n e G e rm a n y
A u trich e A ustria
Axm ann, J. : “ Social Work in Austria.” Proceedings of International
Conference of Social Work, Paris, 1928, Volume I, pages 175-198.
Voir aussi sous Suisse — See also under Switzerland G r i e d e r - D i e f e n -
b a c h -D o n in .
B e lg iq u e B e lg iu m
P b o c e e d in g s o f N a t io n a l L e a g u e for H e a l t h , M a t e r n it y a n d C h ild
W e l f a r e , 4 , T a v i s t o c k S q u a r e , L o n d o n , W .C.l, 1 9 1 9 .
Cox, A. : “ The Unwanted Babe ”. Pages 184-191.
G o t t o , M r s . : “ Parental Responsibilities in relation to Illegitimacy ,
Pages 167-176.
K e n s i n g t o n , B i s h o p o f : “ The Illegitimate Child ”. Pages 140-145.
N o t t - B o w e r , Lady : “ The Destitute Unmarried Mother ”, Pages 135-144.
P a b b , R. : “ The Legal Position of the Unmarried Mother Pages 145-149.
R o u t h , A., M.D. : “ Causes of Ante-natal, Intra-natal, and Neo-natal
Mortality Pages 8-19.
W h i t l e y , W . F. J., M.D. : “ Criminal Abortion and Abortifacients, with
Special Reference to Illegitimacy.” Pages 176-83.
Discussion. Pages 149-166, 191-199.
L e a f l e t s o f t h e N a t io n a l Co u n c il f o b the U n m a r r ie d
M other a n d her Ch i l d , L o n d o n .
D a n em a rk D enm ark
France
M outet, A., M.D. : “ Illegitimacy in France.” Proceedings of the Inter
national Conference of Women Physicians, 1919, pages 21-33. Published
by (New York City) Woman’s Press, 1920.
H o n g rie H u ngary
N orv èg e N o rw a y
P a y s -B a s N eth e rla n d s
S u isse S w itzerlan d
U n io n d es R ép u b liq u e s so v ié - U n io n of S o v ie t S o c ia lis t R e
tiq u e s so c ia lis te s p u b lics
: Volume 12.
E n c y c l o pæ d ia B r it a n n ic a London and New York E ncy
clopaedia Britannica Company, 1929. Pages 84-85 : “ Illegitimacy ”,
by S. de Jastrzebski.
Ca t h o l i c : Volume 7 . Robert Appleton Company, New
E n c y c lo p e d ia
York, 1910. Pages 650-653. “ Illegitimacy ”, by John A. Ryan.
E n z y k l o p a d i e v o n I I o l t z e n d o r f f - K o h l e r : 7 . Auflage, Band 2 . „Über-
blick iiber das englische Privat-R echt“, by Heymann.
In t e r n a t io n a l E n c y c l o p e d ia : Article on Illegitimacy.
: British Yearbook of, 1920-1925.
In t e r n a t io n a l L aw “ The Laws of
Maintenance and Affiliation."
J e w ish E n c y c l o p e d ia : Volume 2. London and New York, Funk and
Wagnalls Company^, 1902. Page 587 : “ Bastard ”, by Lewis H. Dem-
bitz.
E n c y c l o p e d i a o f L a w : American and English. Twentieth edition.
Supplement. Volume V. Article on Bastardy.
C y c l o p e d i a o f L a w a n d P r o c e d u r e : Article on Bastardy.
R e c h t s v e r g l e ic h e n d e s H andw orterbuch : Berlin, 1927. Artikel :
„Rumânien“, vom Gerota, D. Artikel : „Spanien“, vom Perles, L.
S o c i a l R e f o r m : New Encyclopedia of, New York, 1908. Article by
Bliss, W. D. P .
V. STATISTIQUES V. STATISTICS
gouvernements.