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U. S. DEPARTMENT OF LABOR
JAMES J DAVIS. Secretary
CHILDREN'S BUREAU
GRACE ABBOTT. Chief
CHILDREN OF ILLEGITIMATE BIRTH
and
MEASURES FOR THEIR PROTECTION
By
EMMA O. LUNDBERG
^
Bureau Publication No. 1 66
.0
t)
WASHINGTON
GOVERNMENT PRINTING OFFICE
1926
SINGLE COPIES OF THIS PUBLICATION MAY BE
OBTAINED FREE UPON APPLICATION TO THE
children's bureau. ADDITIONAL COPIES MAY
BE PROCURED FROM THE SUPERINTENDENT OF
DOCUMENTS, GOVERNMENT PRINTING OFFICE.
WASHINGTON, D. C.
AT
r. CENTS PER COPY
CONTENTS
PapTG
Other publications of the Childreirs Bureau relating to illegitimacy iv
What illegitimate birth means to the child 1
The prevalence of birth out of wedlock 2
The high infant mortality rate and its causes 7
Illegitimacy as a dependency problem 10
The factors in the problem in relation to preventive social measures 12
Constructive legislation 16
III
OTHER PUBLICATIONS OF THE CHILDREN'S BUREAU RELATING
TO ILLEGITIMACY
Adoption Laws in the United States; a summary of the development of adop-
tion legislation and significant features of adoption statutes, with the text
of selected laws, by Emelvn Foster Peck. Publication No. 148, 153 pp. 1925.
Illegitimacy as a Child-Welfare Problem: Part 1— A Brief Treatment of the
Prevalence and Sis>nificance of Birth out of Wedlock, the Child's Status, and
the State's Responsibility for Care and Protection (with bibliographical
material), by Emma O. Lundberg and Katharine F. Lenroot. Publication
No. 66. 405 pp. 1921. ^ , ., .. ^ • . ,
Illegitimacy as a Child- Welfare Problem: Part 2— A Study of the Original
Records "in the City of Boston and in the State of Massachusetts, by Emma
O Lundberg and Kathaiine F. Lenroot. Publication No. 75. 408 pp. 1921.
Illegitimacy as a Child-Welfare Problem : Part 3— Methods of Care in Selected
Urban and Rural Communities. Publication No. 128. 260 pp. 1924.
Illegitimacy Laws of the United States and Certain Foreign Countries, by
Ernst Freund. 260 pp. 1919. (Exhausted ; available in libraries;.)
Illegitimacy Laws of the United States; analysis and index. Excerpt from
Publication No. 42. 98 pp. 1919. (Obtainable only from the Children's
Bureau.) , , „r ■^- ^ ^
Minimum Standards for Child Welfare Adopted by the Washington and
Regional Conferences on Child Welfare, 1919. Publication No. 62. 15 pp.
19^0
Norwegian Laws Concerning Illegitimate Children; introduction and transla-
tion by Leifur Magnusson. Publication No. 31, 37 pp. 1918.
Standards of Child Welfare; a report of the Children's Bureau Conferepces,
May and June, 1919. Publication No. 60. 459 pp. 1919.
Separate No 1 The Economic and Social Basis for Child- Welfare Standards.
Separate No. 4. Children in Need of Special Care and Standardization of
Child-Welfare Laws. . „r ^, , . *
Standards of Legal Protection for Children Born out of Wedlock; a report of
regional conferences held under the auspices of the U. S. Children's Bureau
and the Inter-City Conference on Illegitimacy. Publication No. 77. 158 pp.
1921
A Study of Maternity Homes in Minnesota and Pennsylvania. Publication No.
— . — PP- 1926. " (In press.) « . ^ i.
The Welfare of Infants of Illegitimate Birth in Baltimore as affected by a
Maryland law of 1916 governing the separation from their mothers of chil-
dren under 6 months old, by Rena Rosenberg and A. Madorah Donahue.
Publication No. 144. 24 pp. 1925.
IV
CHILDREN OF ILLEGITIMATE BIRTH AND MEASURES FOR
THEIR PROTECTION
WHAT ILLEGITIMATE BIRTH MEANS TO THE CHILD
" The fundamental rights of childhood," in the words of a reso-
lution adopted by the child-welfare conferences held under the
auspices of the United States Children's Bureau, " are normal home
life, opportunities for education, recreation, vocational preparation
for life, and moral, religious, and physical development in harmony
with American ideals * * *." ^ For centuries the child born out
of wedlock has been deprived of these rights, and particularly of
that most basic of all rights — normal home life, with all that home
imi3lies of parental care and affection. Though guiltless themselves,
such children have been made to suffer for the sins of their parents
and for those social conditions which foster misconduct.
A letter to his mother from a 14:-year-old boy, who from infancy
had been a ward of a public child-caring agency, expresses the
instinctive yearning of every child for a father and mother and
kin of his own, a birthright of which this child, born out of wedlock,
liad been deprived :
Dear mother, I was very glad to hear from you. I was so surprised to
hear from my mother I didn't know what to do. I didn't know I had a
motlier. Have I a father, sisters or brothers, aunts, uncles, cousins? I am
well. I am almost 14. How old are youV I hope you are well the same as
me. Write to me and tell me more about you — ^what you are doing. From
your son.
A study of the histories of these children who have been deprived
of their birthright indicates the mental suffering that may be more
important to-- consider than any actual " stigma " that might pertain
to illegitimate birth. In early infancy John was abandoned by his
mother and taken under care by a public agency. He was boarded
m family homes until he was 14 years of age. Then, for some mis-
demeanor, he was sent to an industrial school. At the age of 17
years he wrote to the superintendent of the State agency :
I would like to know where I was born and how old I was when I was put
on the State, and what for did my father and mother die or what was the
matter. Have I any brothers or sisters in the world or any friends? I am 17
years old the 25th of this month, just the rite age to learn a trade. Please write
and tell me how things are as soon as possible please.
Your friend,
John.
1 jMinimum Standards for Child Welfare, Adopted bv the WashiDsrtoii and Redonal Con-
ferences on Child Welfare, 1919, p. 11. U. S. Children's Bureau Publication No. 62.
Washington, 1920.
2 CHILDREN OP ILLEGITIMATE BIRTH
This letter gives a very real picture of the condition of many a
child born out of wedlock — " nobody's child," but with an instinctive
longing to know whence he sprang and what place he would rightly
hold in the community. In ignorance of the conditions of his birth
and the circumstances that made him a public ward, he comes to
the natural conclusion that his parents must have died, thus leaving
him dependent, and hopes to get in touch with brothers or sisters or
" any friends." To him these things are necessary to settling dowm to
learn a trade. Does not this boy tell us the first and most important
article of a square deal — the right of every child to have a father and
mother, relatives and friends, a home of his own, and a definite place
in the community?
Fortunately conditions in our country are such that many of the
children who begin life with the handicap of birth out of Avedlock
are received into normal family groups and suffer little if any
unfortunate results from their birth status. The children who con-
cern us are those who suffer as a result of the conditions under which
they are brought into the world — those who die in infancy because
of lack of proper maternal care, those who become dependent upon
the public for support, those who are neglected, and those whose
circumstances of life contribute to make them delinquent.
THE PREVALENCE OF BIRTH OUT OF WEDLOCK
ILLEGITIMACY RATES IN THE UNITED STATES AND IN EUROPE
In most European countries birth registration, because of its im-
portance in connection with military service and other governmental
requirements, has been very nearly complete. Statistics of illegiti-
mate births have been the subject of exhaustive research by students
of social problems and by statistical bodies and are therefore readily
available for comparative study.
It is very difficult in the United States to obtain adequate data on
the prevalence of birth out of wedlock, even in the States included
in the birth-registration area, which comprise about three-fourths of
the total estimated population. The proportion of unregistered
illegitimate births is undoubtedly greater than the iD*-oportion of
unregistered legitimate births. The entry of incorrect information on
the birth certificate further invalidates the figures, and the failure of
many States and cities to compile separate statistics for illegitimate
births reduces still more the amount of information available. The
data that can be obtained indicate a problem not so great in extent as
in most European countries but of sufficient proportions to demand
serious attention and study. The number and rate of illegitimate
live births per 1,000 total live births in the United States and in
specified countries of Europe are given in Table 1:
CHILDREN OF ILLEGITIMATE BIRTH 3
Table 1. — Bleffitimate live births per 1,000 total live births in the Umted States
and in specified countries of Europe, 19lJt-1923^
Country
United States birth-registration area '.
Austria
Belgium
Czechoslovakia
Denmark '
Finland
Germany
Bavaria
Prussia
Saxon y
Wurttemberg
Great Britain and Ireland
England and Wales
Ireland (North) ___.
Irish Free State
Scotland
Hungary
Italy
Luxemburg
Norway '".
37, 823
■> 29, 660
8,714
37, 638
8,055
7,197
133, 670
22, 012
71, 844
8 15, 625
4,639
41, 967
31, 522
1,344
1,624
7,477
8 18, 151
49, 272
228
4,301
Rumania 1 8 62,301
Illegitimate live
births, 1923
Number
Rate
per 1,000
total hve
births
23.3
i 209. 1
56.0
99.7
107.6
87.8
103.0
127.3
90.6
8 158. 8
90.4
Rate of illegitimate
live births per
1,000 total live
births
Annual
average,
1914-1918
Spain ,
Sweden
Switzerland
The Netherlands.
8 38, 225
15, 851
2,760
3,447
41.6
44.7
26.3
66.8
8 72.8
44.5
41.7
68.6
« 101. 5
S58.3
140.4
36.5
18.6
(')
245.9
(»)
(«)
115.4
81.0
109.8
140.5
99.4
154.1
97.9
(•)
49.8
45.5
(')
73.0
97.4
45.7
58.4
70.1
(")
52.3
150.9
46.9
22.0
Annual
average,
1919-1923 .
23.2
* 221. 8
63.6
(«)
108.6
85.8
107.6
131.6
98.4
8 143. 4
96.6
(»)
47.3
44.2
72.1
8 76.6
46.1
49.9
70.8
8 97.7
8 60.7
145.1
40.5
20.2
' For European rates covering the period 1906 to 1914, see Illegitimacy as a Child- Welfare Problem,
Part 1, p. 13 (U. S. Children's Bureau Publication No. 66, Washington, 1920). Except as otherwise noted,
figures are based on statistics of live births reported in Annuaire International de Statistique. II. Mouve-
ment de la Population (Europe), L' Office Permanent de I'Institut International de Statistique, La Haye,
1917, pp. 40 to 53; and Apergu de la Demographie des Divers Pays du Monde. II. Mouvement de la
Population, La Haye, 1925, pp. 272-282. In certain countries (Germany, Prussia, Bavaria, Hungary)
the territory comprised is not the same throughout the period 1914-1923.
2 Exclusive of California and Massachusetts, for which illegitimacy statistics are not available. Data
from Birth, Stillbirth, and Infant Mortality Statistics for the Birth-Registration Area of the United States,
1922, p. 32; 1923, p. 19 (U. S. Bureau of the Census, Washington, 1924 and 1925).
3 Figures not available prior to 1917.
* Figures for 1921 and annual average, 1919-1921.
» Not reported between 1914 and 1918.
« Reported for 1923 only.
' Statistisk Aarbog, Danmark, 1919, pp. 16, 17; 1921, pp. 14, 15; 1925, pp. 24, 25.
8 Figures for 1922 and annual average 1919 to 1922.
' Figures for Irish Free State available for 1923 only.
'o Statistisk Arhok for Kongeriket Norge, 44de Argang, 1924, p. 22. Oslo, 1925. Figures for 1923 pro-
visional,
n No figures available for 1916, 1917, and 1918.
The rate for the United States appears to be lower than the rate
for any European coimtr}' for which figures are available except the
Netherlands. It is probable, however, that the United States rate
is more of an understatement than the rates for many European
countries. (See p. 2.) The European figures are only approxi-
mately comparable because of differences in methods of registration
and in legal definitions of illegitimacy. The Netherlands, the Irish
Free State, Switzerland, England and Wales, Luxemburg, Italy,
North Ireland, Belgium, and Spain have the lowest rates of the
European countries, the annual average for 1919-1923, and the rate
4 GHILDREJM OF li^JLEGITlMATE BIKTH
for 1923, for all these countries being less than 70 illegitimate births
per 1,000 live births. Austria, Sweden, Denmark, Germany, and
Rumania have the highest rates — from 97.7 to 221.8 per 1,000. For
most countries the annual average for 1919-1923 was slightly less
than the annual average for the preceding five-year period, 1914-1918.
ILLEGITIMACY RATES IN STATES AND CITIES OF THE UNITED STATES
In the States for w^hich data can be obtained the number of
illegitimate live births per 1,000 total live births was 23.3 in 1923.
If negro births in States having large negro populations are ex-
cluded the rates for individual States ranged from 6.9 to 38.8.
Table 2 shows the number of live births reported as illegitimate
in 28 States and the District of Columbia in the birth-registration
area in 1923, and the rate of illegitimate live births per 1,000 total
live births for each year of the period 1917 to 1923 :
Table 2. — Live hirths reported as illegitimate in 1923 and illegitimate live
births per 1,000 total live births, 1917-1923, by States in the birth-registra-
tion area ^
Num-
ber of
live
births
re-
ported
as
illegiti-
mate,
1923
Rate of illegitimate live births per 1,000 total live
in specified years
births
State
1917
1918
1919
1920
1921
1922
1923
United States birth-registra-
tion area '
37,823
18.6
17.4
21.1
22.7
24.4
23.8
23.3
Connecticut
367
176
110
420
1,677
869
405
648
370
272
519
1,340
1,434
1,049
186
2, 929
155
372
105
928
9.3
(')
21.0
177.6
13.1
7.1
9.8
74.8
9.7
17.0
170.9
12.4
16.1
(')
(')
(«)
(})
10.9
(?)
11.0
(2)
14.3
146.7
(2)
12.1
6.3
7.4
85.5
8.4
18.1
171.3
12.4
16.0
(')
(?)
w
13.0
i?)
9.8
18.3
162.8
(2)
13.2
7.3
9.9
103.9
11.4
18.6
180.3
13.2
16.2
(')
(0
i?)
(')
10.3
(?)
10.6
(?)
22.6
155.8
12.7
7.0
12.5
113.7
12.9
18.5
178.6
15.1
16.9
(?)
9.6
11.8
(?)
11.1
41.3
18.9
l.=;5.8
(2)
14.0
9.9
10.9
107.0
11.9
18.4
194.1
16.5
18.7
8.9
133.3
11.5
13.9
13.1
11.9
45.6
19.5
167.2
13.2
12.6
11.5
12.8
118.8
13.4
19.6
184.2
15.6
18.4
10.3
135.4
12.7
11.1
12.6
13.0
11.9
Delaware
38.8
District of Columbia:
White --
17.2
Colored-
160.0
12.7
13.3
Kansas
10.3
Kentucky:
White
10.6
Colored.
105.2
Maine'.-
15.5
Maryland:
White -
18.7
195.1
Michigan
15.4
18.6
Mississippi:
White
8.9
133.1
14.8
12.3
New Hampshire ' .
11.3
New Jersey
12.4
» Exclusive of Californi.a and Ma.ssachusetts, for which illegitimacy statistics are not
available. Birth, Stillbirth, and Infant Mortality Statistics for the Birth-Registration
Area of the United States, 1921, 1922, and 1923. U. S. Bureau of the Census. Washing-
ton, 1923, 1924, .T.IK1 1925.
' Not in birth-registration area until a later date.
8 The birth certificates of these States do not require information as to legitimacy, but it
is somietlmes given, (.\lthough the Census Bureau states that the information " is some-
times given," it will be seen from tlv table that the rates for Maine and New Hampshire
are average and for Vermont very high.)
CHILDREN OF ILLEGITIMATE BIRTH 5
Table 2. — Live births reported as illegitimate in 1923 and illegitimate live
births per 1,000 total live births, 1911-1923, etc. — Continued
Num-
ber of
live
births
re-
ported
as
illegiti-
mate,
1923
Rate of illegitimate live births per 1,000 total live births
in specified years
State
1917
1918
1919
1920
1921
1922
1923
New York
2,783
997
3,509
2,060
183
4,672
236
475
3,266
113
186
915
2,725
341
997
34
12.2
15.6
124.8
12.5
W
17.8
14.2
(«)
(«)
7.2
12.3
20.0
127.8
9.4
12.0
W
9.0
14.4
114.3
12.6
(?)
18.1
8.4
(')
(?)
8.5
12.7
17.4
125. 4
8.5
11.9
(')
10.3
14.8
115.4
14.9
13.9
19.0
W
16.9
135.6
7.8
18.6
18.2
129.6
9.8
12.1
(')
12.2
17.2
127.7
16.1
14.3
21.2
(«)
19.6
140.6
8.1
17.5
19.9
129.0
12.3
15.0
(•)
12.3
16.7
131.2
16.3
14.0
22.1
4.2
20.1
142.7
8.0
17.2
20.2
135.2
11.7
16.2
12.2
17.3
139.0
17.1
14.4
22.8
9.3
19.8
153.0
7.7
15.7
19.7
137.0
12.0
15.8
6.9
12.1
North Carolina;
White
17.2
Colored --
134.1
Ohio ---
16.0
Oregon .
12.2
21.5
Rhode Island
16.3
South Carolina:
White — -
20.7
Colored
153.0
Utah .
8.3
Vermont'
25.4
Virginia:
White..
20.5
Colored
138.6
Washington.-
13.5
Wisconsin .
16.9
Wyoming
6.9
"^ Not in birth-registration area until a later date.
^ The birth certificates of th<^se States do not require information as to legitimacy, but
it is sometimes given. (Although the Census Bureau states that the information "is
sometimes given," it will be seen from the table that the rates for Maine and New
Hampshire are average and for Vermont very high.)
* Not in birth-registration area in these two years.
In 23 of the 28 States shown in Table 2, and in the District of
Cohimbia, the number of illegitimate live births per 1,000 total live
births, or the white rates where separate figures are given for white
and colored ^ births, ranged in 1923 between 10 and 20 per 1,000,
or between 1 and 2 per cent. The rate for the United States birth-
registration area as a whole (23.3, exclusive of California and Massa-
chusetts) was raised somewhat by the high rates for the colored.
In six States and the District of Columbia rates for white and
colored were given separatelv, the rates for the colored ranging from
105.2 per 1,000 to 195.1 per" 1,000 (10.5 to 19.5 per cent). Though
these rates are extremely high, compared with the white rates in the
United States, they correspond rather closely to the rates for Euro-
pean countries having the largest relative amount of illegitimacy.
City rates of illegitimate live births for 21 cities in the United
States having more than 100,000 inliabitants are shown in Table 3.
In most cases the city rate is higher than the rate for the State in
which it is located.
2 Where the term " colored " is used in this report it includes all other than white and
may include Indians, Chinese, and Japanese.
10884°— 26-
6 CHILDREN OF ILLEGITIMATE BIRTH
Table 3. — Illegitimate live hirths per 1,000 total live l)irths in 21 cities in the
United States having more tha/ti 100,000 population in 1920^
City
1915
1916
1917
1918
1919
1920
1921
1922
1923
1924
19.7
25.7
227.0
22.4
28.3
29.2
22.3
41.5
19.1
62.8
28.0
39.9
13.0
10.6
23.8
19.7
10.6
39.2
40.2
20.0
7.6
16.1
181.9
16.4
21.5
216.2
25.2
23.0
36.3
20.8
34.1
18.6
79.5
26.3
40.4
11.6
10.2
23.2
22.1
8.6
36.2
47.8
17.3
9.2
21.0
177.6
8.4
18.7
217.5
18.0
26.5
39.6
20.2
29.0
20.9
82.3
22.6
40.5
10.9
17.2
209.0
22.4
29.7
33.7
17.5
31.7
17.2
119.3
24.5
35.0
17.4
13.2
217.7
18.9
28.9
31.9
20.6
33.1
21.6
135.7
26.2
40.4
10.8
10.7
23.2
17.8
10.0
37.1
39.1
16.9
12.5
22.6
155.8
18.7
14.4
222.8
21.0
17.2
17.6
199.3
21.3
Baltimore:
White
31.3
245.2
20.7
38.3
28.4
25.9
37.1
18.1
60.7
25.9
42.8
13.9
12.1
27.5
22.3
15.7
214.4
20.3
16.8
Colored
207.7
Buffalo
27.0
"'42."o'
17.7
18.0
39.5
20.4
19.6
38.9
17.8
Grand Rapids
Hartford
48.3
19.8
47.3
12.4
"'"23.'o"
17.9
13.2
13.2
10.0
24.1
17.7
14.8
10.6
9.4
23.2
17.0
"""23.1"
22.6
6.5
36.3
37.6
10.6
6.9
14.3
146.7
10.7
23.5
18.1
10.0
41.8
40.6
15.3
8.1
18.3
162.8
Philadelphia
Providence
19.9
37.4
37.4
St. Paul
38.8
17.0
8.7
18.9
155.8
41.8
23.6
8.4
19.5
167.2
36.7
39.5
Washington, D. C:
White
22.6
194.5
17.2
160.0
19.0
Colored
164.3
1 Data from annual reports of or figures furnished by State boards of health, departments of public wel-
fare, or bureaus of vital statistics. For Washington, D. C, the figures for 1917-1923 are from the Annual
Reports of Birth Statistics (U. S. Bureau of the Census, 1921, 1922, and 1923).
ILLEGITIMACY BATES ACCORDING TO COUNTRY OF BIRTH AND AGE OF MOTtiER
In the United States birth-registration area in 1923, exclusive of
California and Massachusetts, for which illegitimacy statistics are
not available, 23 live births out of every 1,000 were illegitimate.
The lowest illegitimacy rate was among the foreign-born mothers.
Of the births to native white mothers 16 per 1,000 and of the births
to negro mothers 126 per 1,000 were illegitimate.
Among the foreign-born mothers, Italians were found to have the
lowest rate (1.8) and Canadians the highest (12.8). Even the Ca-
nadian rate, however, was lower than the rate for mothers born in
the United States. The rates, according to race and birthplace of
the mothers, are shown in the following list :
Rate per
1,000 live
births in
United
States
birth-
registra-
tion area,
1023 »
Race and country of
birth of mother
Total 23.3
White 13. 8
United States 16.1
Foreign countries 5. 3
Austria, Hungary 5. 7
Canada 12. 8
Denmark, Norway,
Sweden 9. 5
England, Scotland,
Wales 10. 5
Ireland 10. 3
*E^EClU6ive of California and Massachusetts.
Rate per
1,000 live
births in
United
States
bii-th-
registra-
Race and country of
tion area.
birth of mother
1923 »
White — Continued
Foreign countries
— Contd
Germany
_ 12.0
Italy
_- 1.8
Poland
4.4
Russia
__ 2.5
Other foreign
countries. 5. 9
Country not
stated
_- 107.3
Colored :
Negro
126.3
Other colored
„ 38.6
CHILDREN or ILLEGITIMATE BIRTH
Approximately half the illegitimate births in the birth-registra-
tion area in 1923, exclusive of California and Massachusetts, were to
mothers under 20 years of age, and about four-fifths were to mothers
uritler 25.
The following list shows the distribution of illegitimate births ac-
cording to the age of the mother :
Age of mother at
birth of child
Per cent
distribu-
tion of
illegiti-
mate
births
Total 100.0
10 years, under 15 2. 4
15 years, under 20 48. 8
20 years, under 25 29. 8
Per cent
distribu-
tion of
illegiti-
Age of mother at mate
birth of child births
25 years, under 30 9. 8
30 years, under 35 4. 8
35 years, under 40 3. 2
40 years, under 45 1. 1
45 years and over . 2
Comparison of the age distribution of white and colored mothers
shows 81.2 per cent of the white and 80.6 per cent of the colored less
than 25 years of age. But the proportion of colored mothers (53.2
per cent) less than 20 years of age is greater than that of white
mothers (49.2 per cent). The percentage of white mothers in the age
period 20 to 24 years is greater than that of negroes. Of the births
to foreign-born mothers only 28 per cent w^ere to mothers under 20.
Seventy-nine per cent of the births to foreign-born mothers were to
mothers under 30 compared with 91 per cent of the births to native
white mothers and 90 per cent of those to colored mothers.
ESTIMATED NUMBER OF ILLEGITIMATE BIRTHS IN THE ENTIRE UNITED STATES
The population of the birth-registration area in 1923, exclusive of
California and Massachusetts, for which illegitimacy statistics are
not available, comprised 72.2 per cent of the total estimated popula-
tion of the United States. In attempting to estimate the number
of illegitimate births in the entire coimtry it is necessary to apply
the rate for this area to the estimated total number of births in the
country as a whole. It must be borne in mind, however, that this
procedure results in an understatement of the true figure, inasmuch
as negroes, among whom the illegitimacy rate is high, comprised,
according to the 1920 census, 9.9 per cent of the population of the
entire United States and only 6.2 per cent of the population of the
States in the birth-registration area.
The estimated nuinber of births in the United States in 1923 was
2,482,889; applying to this number the rate of illegitimate births
(23.8 per 1,000) as found for the registration area in 1023 gives
57,851 as the estimated number of illegitimate births in the United
States in that year.
THE HIGH INFANT MORTALITY RATE AND ITS CAUSES
Nowhere is the need for protection of infancy so clearly indicated
as in the mortality rates for infants born out of wedlock. European
statistics have shown that mortality among such infants is invariably
higher than among other infants — sometimes more than twice as
8 CHILDREN OF ILLEGITIMATE BIRTH
high.* Unfortunately, mortality statistics for infants of illegitimate
birth are practicajly nonexistent in the United States. A study made
in Boston covering the year 1914 showed a rate for infants of
illegitimate birth three times as high as the rate for infants born in
wedlock; in New Bedford in 1913 and Milwaukee in 1916-1917
the rates were, respectively, 2.7 times and 2.3 times as high. In
Baltimore in 1915 the infant mortality rate for white infants born
out of wedlock was 3.3 times as high as the rate for other white
infants, and among the colored infants the difference in the rates
was 1.8, Marked improvement has taken place in some of these
cities in recent years. In Baltimore in 1921 the rate for white in-
fants of illegitimate birth was only 1.8 times as high as the rate
for other white infants, and the rates for colored infants of legiti-
mate and of illegitimate birth were practically equal.°
Perhaps the most important factor in high infant mortality is
early separation of the mother and child and the consequent diffi-
culties with feeding. A sentiment growing in favor in many com-
munities is that of keeping mother and child together wherever
the mother's rights and obligations and the welfare of the child can
be promoted by this means. The policy of keeping mother and
child together, at least during the nursing period, has been advo-
cated for a long time and has been followed successfully by many
maternity homes and by some child-caring agencies.
Recent legislation in three States has placed legal sanction upon
the policy of requiring mothers and babies to remain together dur-
ing the nursing period. Maryland public sentiment was aroused
by a study made by the State vice commission in 1914, which re-
vealed the seriousness of the problem of early separation from their
mothers of infants born out of wedlock and the high mortality pre-
vailing among babies cared for in institutions apart from their
mothers. In 1916 a statute was enacted providing that no child
under 6 months of age may be separated from his mother for place-
ment in a foster home or institution except under one of the three
following specified conditions: (1) Certification (with statement of
the reasons for the necessity of separation for the physical good of
the mother or child) by two physicians qualified to practice medi-
cine in the State of Maryland and engaged in active practice for at
least five years; (2) order for separation by a court of competent
jurisdiction; (3) written consent to separation by the board of State
aid and charities. The law makes no distinction between children
born out of wedlock and children of legitimate birth, but in opera-
tion it affects mainly children of illegitimate birth." North Carolina
enacted in 1917 a statute similar to that of Maryland forbidding
separation except with the written consent of the clerk of the supe-
rior court and of the county health officer.^ South Carolina passed
* niegitimacv as a Child-Welfare Problem— Pt. 1, p. 29. U. S. Children's Bureau Pub-
lication No. 66. Washington, 1020. „,,..., .^ ,..i r> i* ♦
B Illegitimacy as a Child-Welfare Problem — Pt. 2, p. 90; Infant Mortality — Results of
a Field Study in New Bedford, Mass., based on births in one year. pp. 15, 64. 66 ; Illegiti-
macy as a Child-Welfare Problem— Pt. 3, p. 96; Infant Mortality— Results of a Field
Study in Baltimore, Md., based on births in one year, p. 169 ; The Welfare of Infants of
Illegitimate Birth in Baltimore, p. 6. U. S. Children's Bureau Publications Nos. 7-5, 68,
128, 119, and 144. Washington, 1921, 1920. 1924, 1923, and 1925.
•Maryland, act of Apr. 11, 1916, Laws of 1916, ch. 210.
» North Carolina, Laws of 1917, ch 59 ; 1919, ch. 240.
CHILDREN OF ILLEGITIMATE BIRTH 9
a law in 1923 (applicable only to counties of 90,000 to 100,000 inhab-
itants) making it unlawful to remove a baby under 6 months of age
from the mother for the purpose of placing in a foster home without
the written consent of the judge of the children's court and the
countj^ health officer, and in 1924 passed a law requiring that per-
sons, agencies, or organizations removing from his mother a child
under 6 months of age report to the child-placing bureau oL' the
State board of public welfare the names and addresses of the persons
taking the child and of the parents of the child. This requirement
does not apply in case, the child is known to have been born in
wedlock.^
In order to ascertain, if possible, the etfect of the Maryland law
upon mortality among infants born out of wedlock and upon the
policies and work of social agencies, the United States Children's
Bureau made a study in Baltimore of conditions in the year 1921.
One of the bureau's infant mortality studies had covered babies born
in Baltimore in 1915 (the year before the passage of the law) so
that com])arable data for this earlier period were available.
According to findings of the bureau's study, infant mortality
among babies born out of wedlock has been markedly reduced in
Baltimore, both absolutely and in relation to mortality among chil-
dren of legitimate birth. Approximately 1 in every 3 infants born
out of wedlock in 1915 died before the age of 1 year, and 1 in every
4 before the age of 6 months. Of the babies born in 1921 only 1 in
every 8 died before the first birthday and only 1 in every 12 before
6 months. Mortality among infants born out of wedlock was reduced
more than 50 per cent between 1915 and 1921, and the rate for infants
of legitimate birth was reduced less than^20 per cent. In 1915 the
mortality rate among infants born out of wedlock was almost three
times as high as the corresponding rate for infants of legitimate
birth ; in 1921 it was one and one-half times as high. The percentage
of decrease in the mortality rate among infants of illegitimate birth
was greater (80.4 per cent) for babies of 1 to 3 months than for any
other age period.^
In Minnesota, under a joint resolution adopted in July, 1918, by
the State board of health and the board of control, hospitals and ma-
ternity homes must require their patients to nurse infants at the
breast so long as they remain under the care of the institution.
Where nursing by the mother is impossible for any physical reason
exception to this rule may be made by the State board of health or
State board of control acting upon proper medical advice.^^
The Milwaukee program for keeping mothers and babies together
during a three-months' nursing period was put into effect in 1919.
In the .two-year period, 1916-17, the mortality rate in Milwaukee for
infants born out of wedlock was 236.8, or 2.3 times the rate for chil-
dren of legitimate birth. A study of illegitimacy covering the year
ended September 30, 1917, showed that more than half the children
» South Carolina, act of Mar. 27, 1923, Acts of 1923, No. 148, sw. 19 ; act of Mar. 24,
1924, Acts of 1924, No. 728, sec. 8.
» The Welfare of Infants of Ulegitimate Birth in Baltimore, as affected by a Maryland
law of 1916 governing the separation from their mothers of children under 6 months
old, p. 7. U. S. Children's Bureau Publication No. 144. Washington, 1925.
°« By a Colorado law (Laws of 1925, ch. 133) maternity hospitals must require unmar-
ried mothers to nurse their babies while in the hospitals if physically able to do so.
10 CHILDREN OP ILLEGITIMATE BIRTH
included in the study had been separated from their mothers and
that 45 per cent of the children whose ages at the time of first sepa-
ration were known had been separated within a month after birth.
The executive secretary of the Juvenile Protective Association, in
describing the results of Milwaukee's program for unmarried
mothers and babies after it had been two years in operation, com-
ments as follows :
The results of these measures have been gratifying and far-reaching. The
child-placing organizatiens and the doctors and other individuals who formerly
brought many babies a few days old into the city to.be placed for adoption, are
now required to have permits to board them until they are placed with adoptive
parents. Commercial lyiug-in hospitals and maternity homes, which formerly
permitted mothers to leave when their babies were only 10 days or 2 weeks old,
without any effort at breast feeding, must now apply for a permit to keep the
baby without the mother. This requirement gives an opportunity for a social
investigation and for finding a way to keep the mother and baby together, in
the city or elsewhere, during the three months' nursing period.""
Under the Milwaukee plan applications for separation or for
exemption from the three months' breast-feeding rule are submitted
to the Juvenile Protective Association. A study of aj^plications for
separation during the first eight months showed that 69 per cent
of those M^ho applied for immediate separation were persuaded
to keep their babies and nurse them, and only 9 per cent of this
group released their children at the end of three months. It has
been the experience of the association that the appeal to the un-
married mother to nurse her baby at least for the minimum period
of three months as a kind of reparation for having brought him
into the world so handicapped is an almost unfailing argument.
It has been found also thq^t at the end of this period not only has
there been opportunity for a thorough social investigation but the
mother has had a chance to recover from her physical and mental
strain and is more capable of deciding what she wishes to do for her
baby and for her own rehabilitation.
ILLEGITIMACY AS A DEPENDENCY PROBLEM
An important part of the problem of child dependency is con-
cerned with children born out of wedlock. These children are
usually, by the circumstances of their birth, denied normal home
life and parental care. Illegitimacy contributes largely to the
burden the public must bear for the care and support of its weaker
members. Factors such as poor health, low mentality, immorality,
and low economic status of the mother, the father, or the grand-
parents, often make it impossible for the child to be provided for
without the assistance of social agencies. The fact that in a. large
proportion of cases the father contributes either nothing at all or
inadequate amounts results in placing upon the mother a double
burden of care and support.
■ More than one-third of the children born out of wedlock in one
large city in one ^''ear were under the care of child-caring or child-
protective agencies during infancy. One-sixth of the cases under
care of private child-caring agencies during one year, one-ninth
w lilepitimacv as a Child Welfare Problem — Pt. 3, p. 101. U. S. Children's Bureau
Publication No! 128. Washington, 1924.
children' OF ILLEGITIMATE BIRTH 11
of the cases under care of the public child-caring agency of the
city, and almost one-fourth of those whose care had been assumed
by the State child-caring agency concerned children of illegitimate
birth.
In most States the child born out of wedlock bears practically the
same relation to the mother, in matters of support and inheritance,
as the child of legitimate birth ; but in practically all States, up to the
present time, it has been held incompatible with the interests of
the legal family to place the child of illegitimate birth upon an
equality with the child born in wedlock with respect to his claims
upon the father. The obligation of the father to give at least a
measure of support to his child born out of wedlock, however, has
been recognized by the laws of most of the States. The period over
which support is required and the maximum amounts frequently
specified have in manj^ cases been entirely inadequate. Even though
the intent of the law is to require fairly adequate provision, the
difficulties of enforcement are very great. These include the reluc-
tance of the mother to reveal the name of the father and to testify
in open court, the absconding of the father to another State, the
difficulty in obtaining evidence and in establishing the facts, and
compromises out of court for inadequate sums.
Legislation in the United States compelling the father to con-
tribute to the support of his child born out of wedlock originated in
the desire to protect the public from the necessity of supporting
such children rather than in concern for their welfare. Although
this principle had been somewhat modified in favor of the mother
and the child, few radical changes were made until recent years.
Within the last decade there has been a marked change in social
emphasis, the child's welfare being made the predominant considera-
tion, accompanied by the recognition of the State's responsibility.
Laws in accordance with this trend have already been enacted in
some States, and in a number of others bills embodying radical
changes have been given serious consideration. (See pp. 16-20.)
Support is sometimes obtained without court action through the
efforts of social agencies or otherwise. However, studies have shown
that the father's responsibility for the support of his child is assumed
in only a small proportion of the cases coming to the attention of
social agencies, and usually only to a limited extent. That so many
children born out of wedlock are deprived of support from their
fathers has serious implications in regard to chance for survival,
health, and opportunities for normal childhood. For three cities the
percentages of cases of children under 2 years of age linown to social
agencies (including maternity homes and hospitals) in which the
father had made any contribution to the support of the child were:
Boston, 88 per cent; Milwaukee, 36 per cent; and Philadelphia, 40
per cent."
The ability of the father to assume his legal obligations for the
support of his child, aside from the very important item of his
willingness to do so, is indicated to some extent by data concerning
the marital status, age, and occupation of the father. Perhaps the
most important factor is marital condition, as related to his obligation
to support a legal family. In this respect, and also as an indication
" Ibid., p. 244,
12 CHILDREN OF ILLEGITIMATE BIRTH
of the character of the fathers, it is extremely significant that studies
including 2,183 fathers showed approximately one-third to be mar-
ried, widowed, divorced, or separated. For five studies — three in
Boston, one in Philadelphia, and one in Milwaukee — the percentages
of fathers reported as married, widowed, divorced, separated, or
deserting were as follows : 15, 27, 28, 31, and 42, respectively.^^
THE FACTORS IN THE PROBLEM IN RELATION TO PREVENTIVE
SOCIAL MEASURES
In considering illegitimate parenthood from the point of view of
reduction of the problem it is necessary to analyze the factors that
lead to the condition. Girls and women who become mothers out of
wedlock may be divided into the following types : {a) The mentally
subnormal girl who lacks controlling inhibitory instincts and is an
easy victim because of helplessness; (6) the young, susceptible girl,
unprotected from dangers, who gets into trouble because of lack of
understanding, or through force; (c) the more mature young woman
of good character who is led by false promises or who weakly or
rashly follows an instinct that under other conditions would have
been normal and social; {d) the really delinquent girl or woman,
who knowingly chooses antisocial conduct, her illegitimate maternity
being only an incidental evidence of repeated immorality. The last
type is undoubtedly recruited to a considerable extent from the pre-
ceding ones. The fathers include young boys who equally with
the mothers need constructive help, and older men, many of whom
are married, widowed, divorced, or separated, and have children of
legitimate birth dependent upon them for support-
Preventive and reconstructive measures must be based on knowl-
edge of how the individuals composing the antisocial group deviate —
inherently or accidentally — from the average (that for want of a
better measure is considered the normal). How much of the illegiti-
mate parenthood represented by approximately 60,000 births annu-
ally in the United States may properly be attributed to moral delin-
quency, and what measures can be undertaken to lessen the problem '{
There can be no general rule for handling this problem. Each case
represents a variety of conditions and must be dealt with individ-
ually. But in this, as in other social problems requiring individual
treatment, certain general facts emerge from study of the back-
ground of illegitimate parenthood, and these indicate underlying
conditions that should be recognized and dealt with.
AGES OF MOTHERS
Undoubtedly the individual and social maladjustments frequently
accompanying adolescence are significant factors in illegitimate
maternity. Unmarried mothers are for the most part young mothers,
and a considerable proportion are girls in their teens. A comparison
is shown in Table 4 of the ages of married and unmarried white
mothers of first-born children, based on data obtained from field
studies of infant mortality in four cities and from studies of illegiti-
macy in one of these cities and in three others : "
i^Ibid., p. 243.
"The percentage of foreisru liorn among the total female white population of the two
groups of cities was approximately the same.
CHILJJREK OF ILLEGITIMATE BIRTH
13
Table 4. — Percentage distribiifion of married and unmarried white mothers of
first-born children, by age
Percentage distri-
bution
Age
Percentage distri-
bution
Age
Married
white
mothers
(4,116) 1
Un-
married
white
mothers
(1,486) 2
Married
white
mothers
(4,116) 1
Un-
married
white
mothers
(1,486) 2
Under 18 years
5
17
30
39
25 years, under 30 .
21
10
18 years, under 21
27
39
30 vears, under 35.
6
2
3
21 years, under 25
35 years and over
1
1 In Baltimore, Gary, New Bedford, and Waterbury.
3 In Baltimore, Boston, Milwaukee, and Philadelphia.
It is seen that slightly more than one-sixth of the mothers out of
wedlock were under 18 years of age. Of the group that may be
considered '" normal," that is, conforming to law and custom, only
one-twentieth were under this age. In the next age group there is
very little difference — the proportion of unmarried mothers 18 to 20
years of age being 3 per cent higher than the proportion of married
mothers. The proportions in the 21 to 24 year groups are the same,
but in the 25 to 30 year group the proportion of unmarried mothers
is 11 per cent lower than the proportion of married mothers. It
must be remembered that first births only are included for both
groups.
These age figures show the importance of preventive and protec-
tive work which will safeguard young girls from undesirable influ-
ences and develop in them judgment and stability of character.
Herein lies the most hopeful possibility for the reduction of ille-
gitimacy and the delinquencies with which it is allied.
For 1,576 fathers of children born out of wedlock, included in
studies in various localities, information concerning age was ob-
tained : The percentage distribution was as follows : "
Age of fathers Per cent
Total 100. 0
Under IS years.
Age of fathers Per cent
IS years, under 21 19. 4
21 years, under 25 39 .1
25 years and over 3S. 0
It is not possible to compare the ages of these fathers with the ages
of married fathers. Nearly one-fourth, as compared with almost
half the mothers, were under 21.
MENTAUTY OF MOTHER
Inferior mentality and psychopathic traits are without doubt of
importance as predisposing factors, though early estimates of the
proportion of unmarried mothers who were feeble-minded were
undoubtedly overstatements. Few reliable figures are available con-
cerning the extent of mental defect among unmarried mothers, and
it is obviously impossible to obtain comparable figures as to men-
" Illegitimacy as a Child-Welfare Problem— Pt. 3, pp. 48, 109, 210.
14 CHILDREN OF ILLEGITIMATE BIRTH
tality for the group conforming to social customs — the married
mothers. No information has beenobtained concerning the mentality
of the fathers.
Proportions of mothers who had been diagnosed as feeble-minded,
subnormal, or insane, as reported in various studies, range from 4
to 16 per cent. These percentages are based upon the total number
of mothers included in the studies, a large proportion of whom had
not been given mental examinations/^
Emphasis has often been placed on the possibility of preventing
a part of this problem through adequate provision for the mentally
subnormal. Analysis of data concerning child-mothers shows that
more than one-fifth were known to be not normal mentally." Of the
girls 15 years of age and under, 30 per cent were so reported. The
need is urgent for protecting these young girls, who are especially
defenseless because lacking in intelligence. It has been shown for
four large cities that one-sixth of the unmarried mothers were under
18 years of age; the significance of the proportion of low mentality
among them is obvious.
PREVIOUS CHARACTER OF MOTHERS
Often illegitimate maternity is part of a career of innnorality and
other delinquencies induced by bad environment, absence of healthful
forms of recreation, and unprotected youth. From one-fourth to al-
most two-thirds of the mothers included in a number of studies were
reported to liave been morally delinquent or of otherwise poor char-
acter in addition to the experience resulting in the birth of a child
out of wedlock,^' and two-thirds of a group of over 700 fathers known
to Boston agencies Avere so reported.^^ In a group of 320 girls under
the age of 18 years for whom there was information as to character,
almost half were ioiown to have been delinquents previous to this
experience, and one-third of the whole number were laiown to have
been immoral previousl}^ Apparently the difficulty began in early
adolescence in a large proportion of cases.
OCCUPATIONAL STATUS OF MOTHERS
A comparison was made of the occupations of unmarried mothers
previous to the birth of the child and of all gainfully employed
women in Boston.^" Of almost TOO unmarried mothers, 86 per cent
had been gainfully emplo3'ed before the child's birth. Of the unmar-
ried mothers 16 to 20 years of age at the time of the child's birth,
83 per cent were engaged in gainful occupations; only 6(> per cent
of the same age group in the general population were gainfully
employed.
The figures as to occupational status show that unmarried mothers
are for the most part young wage earners in the less skilled occu-
ii'Ibid., p. 241 (mothers under care of ^Massachusetts State Infirmary not included).
>« From data obtained in Boston and Massachusetts for the report Illegitimacy &s a
Child-Welfare Problem — Pt. 2, p. 113 (U. S. Children's Bureau I'ublic-ation No. 75, Wash-
ington, 1921).
iMllegitimacy as a Child- Welfare Problem — Pt. 3, p. 241.
>8Ibid., pt. 2, p. 108.
1" The figures for unmarried women relate to 1914, and the tigures for all employed
women were derived from the Thirteenth Census of the United States, 1910.
CHILDREN OF ILLEGITIMATE BIRTH 15
pations. Almost a third of all gainfully employed women in Boston
were classed as semiskilled workers; the percentage among the
mimarried mothers was the same. But 16 per cent of all wao-e-
earning women were factory operatives — an occupation within the
semiskilled group — compared with 27 per cent of the unmarried
mothers. The most striking discrepancy is found in the percentages
in domestic and personal service — 25 per cent of all working women
compared with 55 per cent of the unmarried mothers were so
employed.
Statistics relating to the occupation of the father indicate that
in the communities studied almost half were semiskilled workers,
laborers, or servants, though a large percentage were skilled workers
or clerks and kindred workers.-"
HOME CONDITIONS OP MOTHERS
The incidence of broken homes or abnormal home conditions is
an important causative factor in all forms of delinquency. In three
cities where analyses were made of the histories of unmarried moth-
ers coming to the attention of social agencies, 31 per cent, 49 per
cent, and 71 per cent, respectively, came from homes broken through
the death of one or both parents, or through divorce, separation, oi-
desertion, or were foreign-born mothers whose parents had never
been in the United States.-^
The close relation between home conditions and delinquency is
brought out in analysis of the histories of 320 unmarried mothers
under 18 years of age. In over half the cases in which the sxirls had
been immoral, otherwise delinquent, or of poor character, aside from
the experience which had brought them within the scope of the study,
the parents were delinquent or of poor character, or had been de-
pendent upon charity. Where both parents were living and were
present in the home 55 per cent of the girls were reported to have
been of good character and 45 per cent of poor character. Where
conditions were abnormal 49 per cent of the girls had been of good
character and 51 per cent had not. These figures point to what is
probably the most fundamental of the underlying causes — low stand-
ards of family life and the absence of wholesome home influences.
Even before tlie special need for care occasioned by illegitimate
maternity a large number of these child-mothers had required care
and protection outside their own homes. Forty of the 320 girls had
been in correctional institutions or before courts ; 43 had been wards
of chdd-caring agencies; and 10 had been under care both as delin-
quent and as dependent children.
The need for the following preventive social measures is indicated :
(a) Proper care and protection of the mentally subnormal; (h) edu-
cation m sex hygiene; (c) safeguarding of recreation and provision
of wholesome activities into which the normal instincts of youth may
be directed; (d) development of school programs for dealing with
problems of maladjustment and conduct; (e) adequate provision for
_ =0 Illegitimacy as a Child-Welfare Problem— Pt. .3, p. 244. In Baltimore, a city hav-
ing a large negro population, two-thirds of the fathers were semiskilled workers, laborers
or servants. '
-' Ibid., p. 242.
16 CHILDREN 0¥ ILLEGITIMATE BlKTll
supervision in the community and for institutional care directed
toward reeducation for delinquent young people of both sexes; and
(/) legal provision for holding both mothers and fathers to their
responsibilities toward their children born out of wedlock.
CONSTRUCTIVE LEGISLATION
The laws of the Scandinavian countries relating to children born
out of wedlock are recognized as setting standards in advance of
those prevailing in most countries. In considering the extent to
which the legislation of any country may be used as a guide in fram-
ing laws for the United States differences in legal systems and
social conditions must be borne in mind.
The Norwegian law that became effective January 1, 1916, gives
a child born out of wedlock the same right of inheritance that is
given a child of legitimate birth. The responsibility for maintenance
is placed upon both parents in accordance with the economic status
of the one more favorably situated. The law requires the compul-
sory reporting of pregnancy by the physician or midwife consulted
and of the birth of a child out of wedlock by the phj^sician or midwife
or bj'^ the mother. Upon receipt of the notice the local police au-
thority reports to the superior magistrate, who issues a citation upon
the man named as father. If the alleged father does not admit
paternit}^ he must make application to institute an action of paternity
or else be held liable as the father.--
The Swedish law, which went into effect January 1, 1918, gives
no right of inheritance from the father except in the case of
" betrothal children " but places the responsibility for support on
both parents. The economic circumstances of both are to be taken
into account. The mother is given the custody and legal guardian-
ship of the child, unless otherwise ordained by the court. The parent
not having the care of the child is to meet the expenses of his main-
tenance. A woman with child out of wedlock must report her con-
dition to -the "guardian official" of the parish or to the person
commissioned by him. Immediately upon receipt of such report or
of information that a child has been born out of wedlock, the guard-
ian official must designate a suitable man or woman as guardian of
the child. It is made the dutj- of the guardian to assist the mother
with counsel and information and to see that the child's rights and
welfare are properly safeguarded. It is especially incumbent upon
him to see that steps are taken immediately for the determination
of paternity and status and for insuring the child's support. In
the trial the burden of proof is on the complainant and not on the
alleged father, as in Norway, unless formal acknowledgment of
paternity has been made previously. The guardian is to assist in
fixing the amount of support and in securing payments.-^
Legislation in the United States providing for support by the
father for his child born out of wedlock was modeled largely after
English bastardy legislation, and few significant changes occurred
until within the last few years. The Minnesota law of 1917 is among
>a Svensk Forfattningssamling. 1917 N : r. 376. Lag on barn utom aktonsknp : given
Lelfur Magniisson. U. S. Children's Bureau Publication No. 31. Washin-Jiton. lOlS.
=3 Svonsk Forfaltningssambling. 1917. N : r. 37G. Lag om barn utom iikteuskap : given
Stockholm's Slott deii 14 juni, 1917.
CHILDREN OF ILLEGITIMATE BIRTH 17
the most practical and far-reaching yet enacted in the United States
and embodies in large part the features of the best foreign laws,
so far as they were considered applicable to conditions in this coun-
try. It includes an emphatic declaration of the State's responsibility
for the welfare of children born out of wedlock :
This chapter shall be liberally construed with a view to effecting its purpose,
which is primarily to safeguard the interest of illegitimate children and secure
for them the nearest possible approxim;ition to the care, support, and educa-
tion that they would be entitled to receive if born of lawful marriage, which
purpose is hereby acknowledged and declared to be the duty of the State.^*
Under the Minnesota law the person adjudged the father is placed
under all the obligations imposed by law upon the father of the
child of legitimate birth. Upon the State board of control are im-
posed definite responsibilities for the protection of children born out
of wedlock. The work that is being done and the results that have
alreadj^ been obtained by the various county boards of child welfare
in this State are worthy of special attention as important accom-
plishments in the reduction of child dependency and neglect.
At the request of the Inter-City Conference on Illegitimacy, the
Children's Bureau in February, 1920, called two regional con-
ferences, one in Chicago, representing the Middle West, and the
other in New York, representing the eastern part of the country.
Representatives of public departments, executives and case workers
of child-caring agencies, judges, lawyers, probation officers, and others
who had been invited to attend JDecause of their special interest
in the problem under consideration, were present at the conferences.
Although attendance at each of the two-day conferences was limited,
21 States, the District of Columbia, and Canada were represented,
the delegates coming from a total of 35 cities.
The conferences dealt with the broad basic principles of legislation
for the protection of children born out of wedlock, from the points
of view of the lawyer and of the social worker; with methods of
establishing parentage, types of court procedure, and the responsi-
bility of the father and of the mother ; and with the extent to which
the State should assume guardianship or supervision over children
of illegitimate birth. The rights and responsibilities of the child,
the mother, the father, and the State were discussed. It was
generall}^ agreed that the welfare of the child is of greatest concern.
The necessity of flexibility of machinery and methods and individual
case work was pointed out. At the last meeting of each conference
a resolutions committee of five members submitted a report which
was discussed and acted upon by the whole group.
Although in some instances one conference went further than the
other, there is remarkable unanimity in the resolutions adopted by
the two groups, and the main recommendations are here summarized
together:
1. Birth registration. — All births should be registered, but in
case of an illegitimate birth the name of the father should be
recorded on the birth certificate only after an adjudication of
paternity or on the written consent of the father. Adjudications of
paternity should be reported by courts to the birth-registration
authorities. Records of birth out of wedlock should be confidential,
2< Minnesota. Laws of 1917, ch. 210, amending Gen. Stat. 1013 by adding sec. 3225 (d).
18 CHILDREN OF ILLEGITIMATE BIRTH
open to inspection only upon order of court, and transcripts for
school or work purposes should not disclose any facts concerning
birth status.
2. Reporting 'to adTninistrative agency. — All births not clearly
legitimate should be reported to a public agency having the
responsibility for child welfare.
3. E sfahllshment of paternity. — Proceedings to establish paternity
should be initiated by the mother. If she is unwilling, and the public
agency above referred to deems it advisable in the interest of the
child, proceedings should be instituted by the public agency. The
law should provide for the use of either a civil or a criminal pro-
ceeding, as the exigencies of the case demand. The court given
jurisdiction should be equipped with a staff of probation officers
or other social case workers, and the proceedings should be as
informal and private as possible.
./. The fathe7'\s responsibility for the support of the child. — The
resolutions of the middle-western conference stated that " the father
of a child born out of wedlock should make financial provision for
the adequate care, maintenance, and education of the child, having
reference to the father's economic condition." The resolutions of the
eastern conference included the statement that " the obligations for
support on the part of the father should be the same for the child
born out of wedlock as for the legitimate child." Both conferences
agreed that the court should have continuing jurisdiction with refer-
ence to both custody and support during the minority of the child,
that the acceptance of lump-sum payments should be in the discre-
tion of the court, and that settlements out of court in order to be
valid should be approved by the court.
5. Inliemtwnce and name. — After an adjudication of paternity or
an acknowledgment in writing by the father the child born out of
wedlock should have the same rights of inheritance as the child born
in wedlock. Assumption of the name of the father should be per-
missive after a cl judication of paternity or acloiowledgment in writ-
ing by the father.
6. Legitimdtion. — The resolutions of the eastern conference stated
that subsequent marriage of the ])arents should legitimate the child
born out of wedlock and that offspring of a void or voidable mar-
riage should be by law legitimate.
7. Care hy the mother. — Whenever possible the mother should be
persuaded to keep her child during the nursing period at least, but
the enactment of compulsory legislation was not recommended.
8. State supervision. — The duty of the State to protect the in-
terests of children born out of wedlock was recognized and affirmed.
The conferences recommended the creation, Avith due allowance for
local variance and need, of State departments having responsibility
for child welfare, whose duties should include responsibility for
assisting unmarried mothers and their children. The parents should
not be permitted to surrender a child for adoption, or to transfer
guardianship, or to place him out permanently for care, without
order of a court or a State department, made after investigation.
The State should license and supervise private hospitals that receive
unmarried mothers for confinement and all private child-helping
and child-placing agencies. Full opportunity should be afforded.
CHILDREN OF ILLEGITIMATE BIRTH 19
however, for the development of pri\ate initiative, and there should
be cordial cooperation between private agencies and the State.
In August, 1920. the National Conference of Commissioners on
Uniform State LaAvs. at the request of the Children's Bureau, ap-
pointed a committee to consider illegitimacy legislation and to sug-
gest a model law that might be followed by the various States with
such modifications as might be found necessary to suit local condi-
tions. At its 1922 annual meeting the conference approved a '" uni-
form illegitimacy act '' and I'ecommended it to the States for
adoption.-^
The bill as recommended deals entirely with the obligation of the
parents for the child's support, except that a section is included
which eliminates unnecessary reference to illegitimacy in records,
certificates, and other papers. Questions relating to the registration
of illegitimate births are not included, because they have been cov-
ered in the model birth registration law proposed by the commis-
sioners on uniform State laws. Items concerning status — inheritance,
legitimation, the right to the father's name — were included in the
first draft which was considered at the 1921 meeting but were later
omitted because of the opposition that arose to a number of the
provisions.
The initial statement of the bill is practically identical Avith the
corresponding section of the Norwegian law : " The parents of a
child born out of wedlock and not legitimated owe the child neces-
sary maintenance, education, and support." The uniform law makes
the father liable for the expenses of the mother's pregnancy and
confinement. The obligations of the parents to support the child
under the laws for the support of poor relatives are also made to
apply to children born out of wedlock. The obligation of the father,
where his paternity has been judicially established in his lifetime or
has been acknowledged by him. is enforceable against his estate —
in such amount as the court may determine, having regard to various
factors specified relative to the child, his mother, and the father's
law^ful family.
Action may be undertaken against the father by the mother, her
legal representative, a third person furnishing support, or the au-
thorities charged with the child's support, should he become de-
pendent. The support judgment is to be for annual amounts, equal
or varying, until the child reaches the age of 16 years. Payments
are to be made to the mother or to a trustee. The court has continu-
ing jurisdiction over proceedings brought to compel support and may
increase or decrease the amount, and also has continuing jurisdiction
to determine custody in accordance with the interests of the child.
In default of security, when required, instead of committing the
father to jail, or as a condition of release from jail, the court may
commit him to the custody of a probation officer, upon such terms
regarding payments and personal reports as the court may direct.
One of the most important clauses in the sections relating to pro-
ceedings to compel sup]3ort states that agreement or compromise
concerning the support of the child shall be binding upon the mother
-^Uniform illegitimacy act. drafted hy the National Conference of Commissioners on
Uniform State Laws, and by it approved and recummended for enactment In all the
States at its conference at San Francisco, Calif., Aug. 2-8, 1922.
20 CHILDREN OF ILLEGITIMATE BIRTH
or child only when adequate provision is fully secured by payment
or otherwise and when approved by a court having jurisdiction to
compel support of the child. This safeguard is an evident need in
many States.
In 1923 the principles of the uniform act were incorporated into
the laws of North Dakota, South Dakota, New Mexico, and Arizona,
and in 1925 they were adopted in Iowa. Various legal and social
organizations have been active in educational work to promote public
recognition of this measure for the reduction of child dependency
and neglect. It has influenced legislation in States which have not
adopted it but which have amended their statutes in certain respects.
Important as is legislation in obtaining justice and opportunity
for children handicapped by their birth status, the attitude of society
as a whole, especially of persons engaged in constructive social work,
is of fundamental importance. The problem will not be dealt with
adequately until there is more general recognition of the right of the
child to care and support from his parents, whenever such provision
is possible, and of the necessity for the most careful and unbiased
work with each individual case. When the meaning to the individual
child of birth out of wedlock and the burden that is imposed upon the
State as a result of this problem are more fully recognized, there will
be demanded for each child the support and protection to which all
the children are equally entitled.
The child-welfare standards adopted by the Washington and
regional conferences on child Avelfare held under the auspices of the
Children's Bureau in ISIay, 1919, include a statement of measures that
may help to give the child born out of wedlock a square deal :
The child born out of wedlock constitutes a very serious problem, and for
this reason special safeguards should be provided.
Save for unusual reasons both parents should be held responsible for the
child during his minority, and especially should the responsibility of the father
be emphasized.
Care of the child by his mother is highly desirable, particularly during the
nursing months.
No parent of a child born out of wedlock should be permitted to surrender
the child outside his own family, save with the consent of a properly designated
State department or a court of proper jurisdiction.
Each State should make suitable provision of a humane character for estab-
lishing paternity and guaranteeing to children born out of wedlock the rights
naturally belonging to children born in wedlock. The fathers of such children
should be under the same financial responsibilities and the same legal liabilities
toward their children as other fathers. The administration of the courts with
reference to such cases should be so regulated as not only to protect the legal
rights of the mother and child but also to avoid unnecessary publicity and
humiliation.
The treatment of the unmarried mother and her child should include the best
medical supervision and should be so directed as to afford the widest oppor-
tunity for wholesome, normal life."
28 Minimum Standards for Child Welfare, Adopted by the Washington and Regional
Conferences on Child Welfare. 191S. p. 13. V. S. Children's Buroan Publication No. 62.
Washington. 1920.
o
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