Legitimacy , in traditional Western common law, is the status of a child born to a parent legally married to each other, and a child conceived before the parent obtains a legitimate divorce. By contrast, illegitimacy (or bastardy ) has been the status of a child born outside marriage, a child known as a bastard , or child love , when such distinctions have been made from other children.
Depending on local legislation, legitimacy may affect the inheritance of the child against the alleged father's inheritance and the right of the child to bear the family's name of the father or the offspring. Illegitimacy also has consequences for the right of mother and child to support from the alleged father.
The importance of legitimacy has greatly declined in Western countries with increasing economic independence of women, the sexual revolution of the 1960s and 1970s, the collapse of totalitarian regimes, and the decline of the influence of Christian churches on family life. Unmarried births are a majority in many countries in Western Europe and in former European colonies. In many cultures of Western origin, stigma based on the marital status of parents, and the use of the word "bastard", is now considered offensive.
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Legal
Merton's British Statute (1235) states, regarding the unlawful: "He is a bastard born before the marriage of his parents." This definition also applies to situations where a parent's child can not marry, such as when one or both are married or when the relationship is incest.
The Poor Law of 1576 forms the basis of British fucking law. The aim is to punish the mother of a bastard son and an alleged father, and to free the parish from the cost of supporting mother and child. "With the act of 1576 (18 Elizabeth C. 3), it was ordered that the bastards should be supported by their putative fathers, even though bastardy orders in the quarter session date from before this date.If the genitor can be found, then he is determined to accept responsibility and take care of the child. "
Under British law, a bastard can not inherit the real property and can not be legitimized by a father's marriage to the next mother. There is one exception: when his father later marries his mother, and an older illegitimate child ("rogue eignÃÆ'¨") takes possession of his father's land after his death, he will surrender the land to his own heirs upon his death, as if his ownership of the land has been retroactively converted into actual ownership. Younger brothers ("mulier puisnÃÆ'¨") will not have any claim on the land.
In contrast, in Scotland an illegitimate child will be legitimized by subsequent marriage of his parents, provided they are free to marry on the date of conception. Legitimacy (Scotland) Act of 1968 extends legitimacy by subsequent marriage of parents to children conceived when their parents are not free to marry, but this was repealed in 2006 by the amendment of part 1 of the 1986 (Scottish) Reform of Law (Parents and Children) Act) which abolished the unlawful status stating that "(1) None people whose status is governed by Scottish law must be invalid... ".
The Legitimacy Act 1926 of England and Wales legitimizes the birth of a child if the parents then marry each other, provided they have not married someone else for a while. The Legitimacy Act 1959 extends legitimacy even if parents have married others in the meantime and apply it to marriages that allegedly mistakenly legitimate parents believe. Both 1926 and 1959 the Acts of the Apostles changed the law of succession to the throne and the succession of Britain into a title of nobility and baronetry. In Scotland, children are legitimized by their subsequent parent's marriage always entitled to succeed as partners and baronetcies and The Legitimation (Scotland) Act 1968 extends this right to children conceived when their parents are not free to marry. Family Law Reform Act 1969 (c. 46) allows a bastard to inherit on the parent's intentions. In canons and in civil law, offspring of putative marriage are also considered valid.
Since 2003 in England and Wales, 2002 in Northern Ireland and 2006 in Scotland, unmarried fathers have parental responsibilities if they are registered on a birth certificate.
In the United States, in the early 1970s a series of Supreme Court decisions stated that most of the general law's inadequacies imposed on unlawful acts were invalidated as violations of the Protection Clause Equivalent to the Fourteenth Amendment of the US Constitution. However, children born outside marriages may not be eligible for certain federal benefits (eg, automatic naturalization when a father becomes a US citizen) unless the child has been legitimized in the appropriate jurisdiction.
Many other countries have legally wiped out any legal flaws from a child born out of wedlock.
In France, legal reform of illegitimacy began in the 1970s, but it was not until the 21st century that the principle of equality was upheld (through Law No. 2002-305 4 March 2002, eliminating any mention of "illegality" - filiation lÃÆ' Â © gitime and filiation naturelle and through law no. 2009-61 dated January 16, 2009). In 2001, France was forced by the European Court of Human Rights to amend some laws deemed discriminatory, and by 2013 the Court ruled that this change should also be applied to children born before 2001.
In some countries, the family law itself explicitly states that there should be equality between children born outside and in marriage: in Bulgaria, for example, the new Family Code 2009 includes "the equality of births during marriage, from marriage and of adopted children "as one of the principles of family law.
The European Convention on the Legal Status of Children Born Outside of Wedlock entered into force in 1978. States ratifying it shall ensure that children born out of wedlock are granted legal rights as provided in the text This Convention.. The Convention was ratified by the British in 1981 and by Ireland in 1988.
Maps Legitimacy (family law)
Contemporary situation
Despite the decreased legal relevance of impartiality, important exceptions can be found in the national legislation of many countries, which do not apply juiz sanguinis (citizenship by parental citizenship) to children born out of wedlock, in particular in cases where the child's connection to the state lies only in the father. This is true, for example, the United States, and its constitutionality was upheld in 2001 by the Supreme Court at Nguyen v. INS .
Legitimacy also continues to be relevant to a hereditary degree, with only legitimate children accepted on the line of succession. Some kings, however, have managed to ascend the throne despite the controversial status of their legitimacy. For example, Elizabeth I of England succeeded in taking the throne even though she was legally invalid as a result of her parents' marriage which had been aborted after her birth.
Marriage cancellation does not change the validity status of children born of a couple during the marriage of their marriage verdict, ie. , between their marriage ceremony and the annulment of their marriage laws. For example, Canon 1137 of the Roman Catholic Code of the Roman Catholic Church specifically affirms the legitimacy of a child born of marriage that is declared invalid after the birth of a child.
The Catholic Church also changed its attitude toward unmarried mothers and the baptism of children. In criticizing priests who refuse to baptize children out of wedlock, Pope Francis argues that mothers have done the right thing by giving life to children and should not be shunned by the church:
In our ecclesiastical area there are priests who do not baptize children of single mothers because they are not conceived in the sanctity of marriage. These are the hypocrites of today. Those who socialize the church. Those who separate the people of God from salvation. And this poor girl who, instead of returning the child to the sender, has the courage to bring her into the world, must roam from parish to parish to be baptized!
Nonmarital birth
The proportion of children born outside marriage is increasing in all EU, North American and Australian countries. In Europe, in addition to low rates of fertility and maternal delay, another factor that now characterizes fertility is the percentage of unmarried births. In the EU, this phenomenon has increased in recent years in almost every country; and in seven countries, mostly in northern Europe, it already accounts for the majority of births.
In 2009, 41% of children born in the United States were born to unmarried mothers, a significant increase from 5% and a half of the previous century. That includes 73% of non-Hispanic black children, 53% of Hispanic children (of all races), and 29% of non-Hispanic white children. In April 2009, the National Center for Health Statistics announced that nearly 40 percent of American babies born in 2007 were born to unmarried mothers; that out of 4.3 million children, 1.7 million were born to unmarried parents, an increase of 25% from 2002. Most teenage births in the United States (86% in 2007) were nonmarital; in 2007, 60% of births for women 20-24, and nearly a third of births for women 25-29, were nonmarital. In 2007, adolescents accounted for only 23% of non-marital births, down sharply from 50% in 1970.
By 2014, 42% of all births in 28 EU countries are nonmarital. In the following European countries the majority of births occurred outside marriage: Iceland (69.9% in 2016), France (59.7% in 2016), Bulgaria (58.6% in 2016), Slovenia (58, 6% in 2016), Norway (56.2% in 2016), Estonia (56.1% in 2016), Sweden (54.9% in 2016), Denmark (54% in 2016), Portugal ( 52.8% in 2016), and the Netherlands (50.4% in 2016).
The proportion of non-marital births is also close to half in the Czech Republic (49.0% in 2017), Britain (47.9% in 2015), Hungary (46.7% in 2016), Belgium (49.4% in 2014) , Spain (45.9% in 2016), Finland (44.9% in 2016), Austria (42.1% in 2015). Only six EU countries (Greece, Croatia, Cyprus, Poland, Lithuania, and Italy) have a nonmarital birth percentage of below 30%. The lowest proportion of unmarried births, among EU countries by 2016, is found in Greece (9.4%), Croatia (18.9%) and Cyprus (19.1%).
The prevalence of births for unmarried women varies not only between different countries, but also between different geographic regions of the same country: for example, in Germany, there is a very strong distinction between the former territories of West Germany and East Germany with non-religious majority. Significantly more children are born out of wedlock in eastern Germany than in western Germany. In 2012, in eastern Germany 61.6% of births are unmarried women, while in western Germany only 28.4%. In the UK, in 2014, 59.4% of births were not marriages in Northeast England, 58.9% in Wales, 54.2% in Northwest England, 52.4% in Yorkshire and Humber, 52% in the East Midlands , 50.8% in Scotland, 50.4% in the West Midlands, 48.5% in South West England, 45.5% in East of England, 43.2% in Northern Ireland, 42.9% in South East England , and 35.7% in London. In France, in 2012, 66.9% of births were not marriages in Poitou-Charentes, while only 46.6% were in Ile-de-France (containing Paris). One reason for the lower prevalence of non-marital births in metropolises is the high number of immigrants from a conservative world. In Canada, in Quebec, the majority of births since 1995 and beyond have been married outside. By 2015, 63% of births are outside marriage in Quebec.
In the EU, the average percentage of non-marital births has increased steadily in recent years, from 27.4% in 2000 to 40% in 2012.
It should be noted that traditional conservative Catholic countries in the EU now have a large proportion of non-marital births, by 2016 (unless otherwise stated): Portugal (52.8%), Spain (45.9%), Austria (41 , 7%), Luxembourg (40.7%) Slovakia (40.2%), Ireland (36.5%), Malta (31.8%).
To a certain extent, religion (religious religiosity - see Religion in Europe) correlates with the proportion of nonmarital births (eg, Greece, Cyprus, Croatia have low birth rates outside of marriage), but this is not always the case. : Portugal (52.8% in 2016) is one of the most religious countries in Europe.
The percentage of elder sons born out of wedlock is much higher (about 10%, for the EU), because marriage often occurs after the first baby arrives. For example, for the Czech Republic, while total nonmarital births are less than half, 47.7%, (third quarter 2015) the percentage of first marriage outside marriage is more than half, 58.2%.
Latin America has the highest rates of childbearing out of wedlock in the world (55-74% of all children in the region are born to unmarried parents). In most countries in this traditional Catholic region, children born outside marriage are now the norm. The latest figures from Latin America show non-marital births to 74% in Colombia, 70% in Paraguay, 69% in Peru, 63% in the Dominican Republic, 58% in Argentina, 55% in Mexico. In Brazil, non-marital births increased to 65.8% in 2009, up from 56.2% in 2000. In Chile, non-marital births increased to 70.7% in 2013, up from 48.3% in 2000.
Even in the early 1990s, the phenomenon was very common in Latin America. For example, in 1993, unmarried births in Mexico were 41.5%, in Chile 43.6%, in Puerto Rico 45.8%, in Costa Rica 48.2%, in Argentina 52.7%, in Belize 58.1%, in El Salvador 73%, in Suriname 66% and in Panama 80%.
Unmarried births are less common in Asia: in 1993 the rate in Japan was 1.4%; in Israel, 3.1%; in China, 5.6%; in Uzbekistan, 6.4%; in Kazakhstan, 21%; in Kyrgyzstan, 24%. However, in the Catholic Philippines that prohibits contraception and divorce, the rate of unmarried births is 37% in 2008-9, which skyrocketed to 52.1% by 2015.
Legal validity
Covert discrimination is a situation that arises when a person who is considered a father (or mother) of a child is actually not a biological father (or mother). Frequencies as high as 30% are sometimes assumed in the media, but research by sociologist Michael Gilding traces this exorbitant assessment back to informal comments at the 1972 conference.
Unexpected immigrant detection can occur in the context of medical genetic screening, in genetic family name research, and in immigration testing. Such studies show that ignorance is in fact less than 10% among sample African populations, less than 5% among Native American and Polynesian populations, less than 2% of the sample Middle East population, and generally 1% -2 % among European samples.
Cause of increase in nonmarital birth
The illegal rises that have been recorded in Britain during the eighteenth century have been linked to the emergence of new job opportunities for women, making them less dependent on the husband's income. However, the 1753 Marriage Act seeks to curb this practice, by combining married couples and marriages, and at the beginning of the nineteenth-century social convention stipulating that the bride should be a virgin upon marriage, and the invalidity becomes more socially desperate, especially during the Victorian era. Then in the 20th century, social changes in the 1960s and 1970s have begun to reverse this trend, with increased cohabitation and the formation of alternative families. Elsewhere in Europe and Latin America, the rise of nonmarital births from the late twentieth century onwards has been linked to secularization, improving the status of women, and the fall of authoritarian political regimes. The fall of the communist regime in Europe also had an impact. These regimes, while encouraging the participation of women in the workforce, at the same time discourage the freedom of choice regarding private life, with families controlled strictly by the state. Thus, after the fall of the regime, residents were given more choices about how to manage their private lives; in former East Germany the rate of birth outside marriage increased dramatically - in 2012, in eastern Germany 61.6% of births were outside marriage. Right-wing regimes like Spain (Francoist Spain) and Portugal (Estado Novo) also fell, leading to the liberalization of society. The Spanish community, for example, has undergone major changes since the fall of the Franco regime: the major legal changes that have taken place during the 1970s and 1980s include the legalization of divorce, the decriminalization of adultery, gender equality in family law, and the removal of contraceptive bans.
In many countries there has been a dissociation between marriage and fertility, with both not being closely linked - with births to unmarried couples, as well as spouses with no children, becoming more common and more socially acceptable. The contribution to these societal changes has been made by the weakening of social norms and laws governing private life and human relationships, especially in terms of marriage, secularization and decreasing church control over reproduction, increasing women's participation in the workforce, changes in the meaning of marriage, risk reduction, individualism, changing views on female sexuality, and the availability of contraception. New concepts have emerged, such as reproductive rights, although these concepts have not been accepted by all cultures. Under the understanding of sexual and reproductive rights, individuals - not states, churches, communities, etc.-- will decide whether and when an individual should have children, the number and range, circumstances in which the individual will or will not be sexually active, and the spouse's choice intimate and the type of relationship they have.
It is said that in some places where the control of the church (especially the Roman Catholic Church) has traditionally been very strong, the social changes of the 1960s and 1970s have caused the population's negative reaction to the lifestyle promoted by the church. One explanation of the high level of cohabitation not yet married in Quebec today is that the traditional strong social control of the church and the Catholic doctrine of the personal relations of people and sexual morality has prompted the population to rebel against traditional and conservative social values; since 1995 the majority of births in this province are marriages outside; and by 2015, in Quebec, 63% of children are born from unmarried women.
The last few decades there has been a decline in marriage rates in most Western countries, and this decline is accompanied by the rise of non-traditional family forms. The average marriage rate in OECD countries has dropped from 8.1 marriages per 1,000 people in 1970 to 5.0 in 2009.
Research on the situation in Bulgaria has concluded it
- "[Increased unmarried cohabitation] shows that for many people it does not really matter [whether] their union is a legitimate marriage or [a] consensus unity.This [shows] a clear change in [people ]] value orientation [...] and less social pressure for marriage. "
History
The certainty of paternity has been considered important in various eras and cultures, especially when inheritance and citizenship are at stake, making the tracking of aesthetics and genealogy of a man a central part of what defines "legitimate" births. The ancient Latin dictum, "Mater semper certa est " ("The mother is always sure", while the father does not) emphasizes the dilemma.
In English common law, Justice Edward Coke announced in 1626 the "Fourth Sea Rule" ( quatuor extra maria ) which confirms that, the impossibility of fathers thrives, there is the assumption that a married woman is a child of her husband. It may be questioned, though the courts are generally on the presumption, extending the range of assumptions to the Seven Rules of the Sea. "But it is only with the Marriage Act 1753 that formal and public marriage ceremonies in civil law are necessary, whereas earlier marriages have a safe haven if celebrated in the Anglican church, still many "clandestine" marriages take place.
In many societies, people born out of wedlock do not have the same inheritance rights as those in it, and in some societies, even the same civil rights. In Britain and the United States, up to the 1960s and in certain social strata even to this day, non-marital birth has brought about a social stigma. In previous centuries, non-forced mothers were forced by social pressure to give their children for adoption. In other cases, nonmarital children are raised by married grandparents or relatives as "sisters", "brothers" or "cousins" of unmarried mothers.
In most national jurisdictions, the status of a child as a legitimate or illegitimate heir may be changed - in any direction - under civil law: Legislative action may deprive the legitimacy of a child; on the contrary, marriage between a parent who was previously unmarried, usually within a certain time, for example a year, may cancel the child's birth retroactively.
Unauthorized fathers of children often experience no equivalent criticism or legal responsibility, due to social attitudes about sex, the nature of sexual reproduction, and the difficulty of defining paternity.
In the late third of the 20th century, in the United States, all states have adopted a uniform law that codifies the responsibility of both parents to provide support and care for a child, regardless of parental marital status, and provide nonmarital as well. as an adopted person the equivalent of the right to inherit their parent's property. In the early 1970s, a series of Supreme Court decisions abolished most, if not all, defective nonmarital birth laws, as a violation of the equivalent protection clause of the Fourteenth Amendment to the United States Constitution. In general, in the United States, "unlawful" has been replaced by the phrase "born out of wedlock."
In contrast, other jurisdictions (especially western continental European countries) tend to support social parents over biological descent. Here a man (not a biological father) can voluntarily recognize the child to be identified as a father, thus legitimating the child; biological fathers have no special rights in this field. In France, a mother may refuse to recognize her own child, seeing anonymous births.
Contributions to the reduction of unauthorized concepts have been made by increasing the ease of obtaining divorce. Before this, mothers and fathers of many children could not marry each other because one or the other was legally bound, by civil or canon law, in an improper previous marriage that did not recognize divorce. The only way they are, often, is to wait for the death of the previous partner (s). So Polish political and military leader, JÃÆ'³zef Pi? Sudski (1867-1935) was unable to marry his second wife, Aleksandra, until his first wife, Mary, died in 1921; at that Pi? sudski and Aleksandra have two daughters out of wedlock.
Social implications
The nonmarital birth has affected not only the individual itself. The stress that such a state of birth was regularly visited on the family, illustrated in the case of Albert Einstein and his future wife, Mileva Mari ?, who - when he was pregnant with the first of their three children, Lieserl - was forced to maintain a separate domicile in different cities.
Some people born outside marriage are encouraged to excel in their efforts, good or bad, by the desire to overcome the social stigma and the disadvantages inherent in her. Nora Titone, in his book "I Thought Be Bloody," tells how embarrassment and ambition actor actor Junus Brutus Booth, born outside of marriage, Edwin Booth and John Wilkes Booth, encouraged them to fight, as rivals , for the achievement and recognition - John Wilkes, the murderer of Abraham Lincoln, and Edwin, a Unionist who had a year earlier saved Lincoln's son Lincoln, Robert Todd Lincoln, in a train accident.
The historian John Ferling, in his book Jefferson and Hamilton: The Rivalry That Forged a Nation, says the same thing: that the nonmarital birth Alexander Hamilton encouraged him to seek achievement and difference.
The Swedish artist Anders Zorn (1860-1920) was also motivated by his nonmarital birth to prove himself and excel in his career.
Similarly, the biographer TE Lawrence, Flora Armitage writes about being born outside of marriage: "His influence on Lawrence's [TE] of the discovery is very deep; it adds a romantic boost to heroic behavior - Sangreal dreams - the seeds of ambition, the desire for honor and difference: redemption of blood from its stains. "Another biographer, John E. Mack, wrote in the same vein:" [H] it was demanded by his mother that he redeemed the condition of his fall to his own particular achievement, who has an unusual value, doing great deeds, preferably religious and ideally on a heroic scale, Lawrence does his best to fulfill heroic deeds, but he is beset, especially after the events of war activates his inner conflict, with a deep sense of failure, a child he then felt that he himself was a liar - that he had deceived the Arabs... "" Mrs. Lawrence's original hope that her son will give his personal redemption by being a Christian missionary filled only by Robert [brother] Lawrence. "Mack further elaborates:" Part of creativity and originality lies in its 'irregularity', in its capacity to remain outside the conventional way of thinking, a tendency which... in part comes from its unlawfulness. Lawrence's capacity for discovery and his ability to see unusual or funny relationships in familiar situations comes also... from his impartiality. He is not limited to an established or 'legitimate' solution or a way of doing things, and thus his mind is open to more possibilities and opportunities. [At the same time] Lawrence's impartiality has important social consequences and puts limits on him, which makes him very deep... Sometimes he feels socially isolated when old friends avoid him when he knows his background. Lawrence's pleasure in making fun of regular officers and other segments of 'ordinary' society... stems... at least partly from his inner view of his own irregular situation. His humility about the name for himself [he changed his name twice to distance himself from "Lawrence of Arabia" persona] is directly related... with his views on his parents and for identification with them [his father has changed his name after escaping with T.E. Lawrence's future mother]. "
Violence and honor killing
While unmarried births are considered acceptable in many areas of the world, in some parts of the world they still have high stigmatization. Women who have given birth in such circumstances often experience violence in the hands of their families; and can even be a victim of so-called honor killings. These women can also be prosecuted under laws that prohibit sexual intercourse outside of marriage and may face punishment, including stoning.
In fiction
Illegitimation over the centuries has given plot motifs and elements to works of fiction by eminent authors, including William Shakespeare, Benjamin Franklin, Henry Fielding, Voltaire, Jane Austen, Alexandre Dumas, pÃÆ'¨re , Nathaniel Hawthorne, Charles Dickens, Wilkie Collins, Anthony Trollope, Alexandre Dumas, fils, George Eliot, Leo Tolstoy, Ivan Turgenev, Fyodor Dostoyevsky, Thomas Hardy, Henry James, Joseph Conrad, Forster EM, Forester CS , Marcel Pagnol, Grace Metalious, John Irving, and George RR Martin.
See also
References
Bibliography
- Flora Armitage, Desert and Star: Biography of Lawrence of Arabia , illustrated with photograph, New York, Henry Holt and Company, 1955.
- Andrzej Garlicki, "Pi? sudski, JÃÆ'³zef Clement," Polski s? ownik biograficzny , vol. XXVI, Wroc? Aw, Polska Akademia Nauk, 1981, pp.Ã, 311-24.
- Shirley Foster Hartley, Illegitimacy , University of California Press, 1975.
- Alysa Levene, Thomas Nutt & amp; Samantha Williams, eds. Illegitimacy in the UK, 1700-1920 . Palgrave Macmillan; 2005 [quoted 24 September 2011]. ISBN 978-1-4039-9065-5.
- John E. Mack. A Prince of Our Disorder: The Life of T. E. Lawrence . Harvard University Press; 1998 [quoted 24 September 2011]. ISBN 978-0-674-70494-7.
- Charles Simic, "You Laugh Uncontrollably" (Bohumil Hrabal's Review, Kafka's Master and Other Stories from the Time of the Cults , translated from Czech by Paul Wilson, New Direction, 142 pp., $ 14 , 95 [paper]), The New York Review of Books , vol. LXIII, no. 8 (May 12, 2016), pp. 58-60.
- Jenny Teichman. Illegitimacy: fucking examination . Cornell University Press; 1982 [quoted September 24, 2011]. ISBN 978-0-8014-1491-6.
- Nora Titone, My Bloody Thought: The Bitter Rivalry between Edwin and John Wilkes Booth Causing America's Tragedy , New York, Simon and Schuster, 2010 [cited 24 September 2011], ISBN 978-1-4165 -8605-0.
External links
- Percentage of Births for Unmarried Mothers by Country: 2014 (distribution of births outside marriage across the United States)
- The betrayed father is rare in the human population
Source of the article : Wikipedia
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