Author Topic: Bastardy affiliation order - help in better understanding it!  (Read 21302 times)

Offline ClaireDC

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Re: Bastardy affiliation order - help in better understanding it!
« Reply #9 on: Saturday 26 March 22 11:41 GMT (UK) »
I donít know whether itís the order to appear or the judgement or both. What would the process have been at this time? It says the case was dismissed. I was told there was no further information or records.

Offline brigidmac

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Re: Bastardy affiliation order - help in better understanding it!
« Reply #10 on: Saturday 26 March 22 13:29 GMT (UK) »
We can only guess whether he attended or not as the case was dismissed was the baptism after or before the court date ?

Women sometimes added the father's birth name to increase chances of gaining recognition from the birth father . but why didn't she put it on birth certificate too ? ( My g grandma did it other way round removing middle name after she'd got the affiliation money )

Hopefully someone who has an example of a similar  court case will come on this topic if they know whether the man attended or not in their case

Or if there was a newspaper report of the case ... unlikely !

I did hear of case where an American soldier used his best friend's name throughout his dalliance in WW2 and DNA proved the truth

Roberts,Fellman.Macdermid smith jones,Bloch,Irvine,Hallis Stevenson

Offline ClaireDC

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Re: Bastardy affiliation order - help in better understanding it!
« Reply #11 on: Saturday 26 March 22 14:41 GMT (UK) »
My great grandmother both registered the birth and baptised her (both using the middle name Brett) AFTER the bastardy order was unsuccessful.

Thanks for your interest in it and help anyway. Your example about the American soldier is encouraging.

Offline Maiden Stone

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Re: Bastardy affiliation order - help in better understanding it!
« Reply #12 on: Saturday 26 March 22 21:39 GMT (UK) »
Relevant legislation in England:
Bastardy Law & Maintenance Amendment Act 1872
Affiliation Orders Acts 1914, 1918 (Questions asked in Parliament 10th Feb 1915 & 1st March 1915 in reference to soldiers)
Bastardy Act 1923
Soldiers - an affiliation cannot be enforced in the usual way but by the Army Act 1881 (amended 1883, 1891, 1915). Similar legislation for sailors in Royal Navy. (Source: article on Affiliation in Encyclopaedia Britannica vol. 1)
Cowban


Offline ClaireDC

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Re: Bastardy affiliation order - help in better understanding it!
« Reply #13 on: Sunday 27 March 22 07:30 BST (UK) »
Thanks, yes I have ploughed through Hansard. Interesting how much of a problem there was with soldiers begetting illegitimate children. It did make me think that he had strong motivation to lie and give my great grandmother another manís name - if his pay would have been docked and his wife would have found out!

Offline Jebber

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Re: Bastardy affiliation order - help in better understanding it!
« Reply #14 on: Sunday 27 March 22 09:40 BST (UK) »

Women sometimes added the father's birth name to increase chances of gaining recognition from the birth father . but why didn't she put it on birth certificate too ?


In 1926 the father of an illegitimate child had to attend the registration for his name to be added to the birth certificate.
CHOULES All ,  COKER Harwich Essex & Rochester Kent 
COLE Gt. Oakley, & Lt. Oakley, Essex.
DUNCAN Kent
EVERITT Colchester,† Dovercourt & Harwich Essex
GULLIVER/GULLOFER Fifehead Magdalen Dorset
HORSCROFT Kent.
KING Sturminster Newton, Dorset. MONK Odiham Ham.
SCOTT Wrabness, Essex
WILKINS Stour Provost, Dorset.
WICKHAM All in North Essex.
WICKHAM Medway Towns, Kent from 1880
WICKHAM, Ipswich, Suffolk.

Offline ClaireDC

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Re: Bastardy affiliation order - help in better understanding it!
« Reply #15 on: Sunday 27 March 22 11:47 BST (UK) »
His surname was used as my grandmotherís middle name when her birth was registered after the unsuccessful bastardy order.

Offline jacqlineue

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Re: Bastardy affiliation order - help in better understanding it!
« Reply #16 on: Sunday 27 March 22 16:43 BST (UK) »
Sorry to butt in but can you tell me where I would find such records as my grandfather was illigitimate and I have not a clue who his father would be.  Might try looking in the area he was born but not a clue where to start.

Thank you

Jac
Garbutt Ashington Northumberland,
 Simpson SouthShields,
Clark Northumberland,
Dargue South Shields, 
Atkinson South Shields,
Ellis Tynemouth and Liverpool,
Sadler tynemouth,
Leathley, Routhledge,Forrest.
Herfy Germany,USA and London
Chester London and USA
Hopkins London
Hales London

Offline ClaireDC

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Re: Bastardy affiliation order - help in better understanding it!
« Reply #17 on: Sunday 27 March 22 19:41 BST (UK) »
I paid a small fee at my local archives and they searched for it. It was in the local magistrates records. They were surprised to have found it as apparently itís quite rare for them to still exist.

But as turned out in my case it was the DNA that revealed him. Your grandfatherís father will definitely be in your DNA somewhere if you take a test. Good luck!