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England (Counties as in 1851-1901) => England => Cornwall => Topic started by: Lawleyboy on Saturday 23 June 18 18:02 BST (UK)
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When did the bastardy bonds finish in Cornwall and how do access any information Im searching for my Fathers absent father My Fathers name was John Yeo born in Bude April 09. 1900
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Hi and welcome to Rootschat.
I am assuming there is no father's name on the birth certificate.
What you are thinking of is a Bastardy Bond or an Affiliation order.
If one existed - it may be in the local town or county archives. At the time in question It really depends whether the mother took out a court order against the alleged father. You can usually search the Archive catalogue - using the mother's name to see if anything pops up.
Sometimes -- if they did take out an order - there will be something in the local press amongst the court cases.
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They are actually called "Bastardy Orders", and continued into the 20th Century.
Stan
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nothing showing on the opc database
http://www.cornwall-opc-database.org/extra-searches/bastardy-bonds/index.php
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You can see the difference between a Bastardy Bond and a Bastardy/Affiliation Order at
https://www.genguide.co.uk/source/bastardy-documents-parish-poor-law/140/
Stan
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A useful link. Thank you.
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For the History of child support in the UK and the relevant laws see the entries at http://www.childsupportanalysis.co.uk/information_and_explanation/world/history_uk.htm
Stan
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Thanks again Stan -- so if I am reading that site correctly - it seems like 1845 was the date when illegitimacy support became the responsibility of the mother, to bring a civil action against the father.
If, however poor relief was being claimed by the mother - from 1873, the Poor Law Guardians could apply to the Justices (as in fact they had in the past.)
Not sure if I've got that right -- but I was interested to see that it was as early as 1845 when a mother could bring a civil action.
Interestingly -- in the 1970s I went with my friend to Court for her divorce hearing --- her Solicitor used the phrase to the Magistrate or Judge (or whoever was the legal person in charge!) 'Suffice to say a 'filiation' order was brought against the husband'. So the word 'affiliation' --- or in this case 'filiation' was still in use then.
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I have an ancestor born in 1793 in Scotland and legal proceeding were taking against the alledged father and he is recorded as the father in documents even though he tired to denigh it. I think the mother could get some financial help even earlier through the local church sessions.
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I have a beautiful document called an affiliation order for my grandmother from 1900
She is referred to as 'bastard child of ..'
Weekly payments to be made tI'll aged 13
And medical costs paid too ..midwife fees I suppose
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Interestingly -- in the 1970s I went with my friend to Court for her divorce hearing --- her Solicitor used the phrase to the Magistrate or Judge (or whoever was the legal person in charge!) 'Suffice to say a 'filiation' order was brought against the husband'. So the word 'affiliation' --- or in this case 'filiation' was still in use then.
Before the Family Law Reform Act of 1987, affiliation orders were the manner by which a single mother could compel the so-called putative or alleged father of her child to pay support.
https://www.inbrief.co.uk/child-law/affiliation-orders/
Family Law Reform Act of 1987 https://www.legislation.gov.uk/ukpga/1987/42/enacted
Stan
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Some time ago I took an on line course all about the workings of the Parish (pre 1834). It was SO interesting and informative - as each parish was sort of autonomous within the law of the land and ran itself.
Any unmarried mothers to be -- were more or less compelled to reveal a father's name to the local constable or poor law guardians or the midwife - often whilst they were in labour! (Wonder if that brought about the saying 'Who's the Daddy?') - I am joking, but that has just occurred to me!
The poor law guardians then arranged for the supposed father to appear before the justices and pay towards the child's upkeep, so that the mother didn't claim poor relief.
I must confess I wasn't sure when mother's had to take their own civil action -- so the websites found by 'Stan the Man'(!) - I found to be very informative about the more recent times. By 'more recent' I mean late 1800s - early 1900s.