Bastard - Definition - Law Dictionary Home Dictionary Definition bastard

Definition :

Bastard [fornication], one born not of lawful marriage. [(English) Age of Marriage Act, 1929 (19 & 20 Geo. 5, c. 36)]

The civil and canon laws did not allow a child to remain a bastard if the parents afterwards intermarried, but a proposal by the bishops to assimilate the law of England to the canon law in this respect was rejected by Parliament in 1235. See MERTON, STATUTE OF. The law of England remained thus for nearly 700 years, until the Legitimacy Act, 1926 (16 & 17 Geo. 5, c. 60), legitimated a child born out of wedlock upon the subsequent marriage of parents if they were domiciled in England or Wales at the date of marriage. See LEGITIMATION. In Scotland, however, and in most other Christian countries, including most, if not all, of the British Dominions, and most, if not all, of the United States of America, legitimation of the children has always followed the intermarriage of the parents.

The mother of a bastard cannot validly contract with another person for the transfer to that person of her rights and liabilities in respect of the child, Humphereys v. Polak and Wife, (1901) 2 KB 385, but sine the (English) Adoption of Children Act, 1926 (c. 29), an adoption order may be made affecting such child. See ADOPTION.

A person born in wedlock maybe declared a bastard by legal sentence if it be proved that the husband of the mother had no access and no opportunity of access to the mother during such period as in the course of nature admitted of his being the father. In the case of persons born in wedlock pater est quem nupti' demonstrant (Co. Litt. 123) (he is the father whom marriage designates); the child is legitimate if born, though not begotten, in lawful wedlock, and all the legal rights and privileges of a child attach, however conspicuous and notorious may be the origin of the person, until his status has been legally destroyed. See ACCESS; Mew's Digest, tit. 'Bastard.'

Provision is made by the (English) Age of Marriage Act, 1929 (c. 36), s. 2, to enable a single woman whose marriage is void for non-age under that Act to obtain a summons notwithstanding that the father may not have paid money for the child's maintenance within twelve months of the birth of the child.

As to the obligations of the putative father to the mother of a bastard child, see AFFILIATION.

Until the Legitimacy Act,1927, was passed, a bastard had no claim to succession to the real or personal property of his parents. By s. 9 that Act provides for the succession of an illegitimate child to the intestate estate of his mother if there are no legitimate issue and of them other to her illegitimate child, but this is not to affect entailed interests. A child born out of wedlock has no right to any name save such as he acquires.

A bastard has no legal surname by inheritance, though he may acquire one (Co. Litt.).

A bastard may not marry within the prohibited degrees of relationship, it being the natural relationship which is here considered, R. v. Brighton (Inhabitants), (1861) 1 B&S 447.

A bastard has no duties towards his natural parents. The mother, whilst unmarried or a widow, must maintain a bastard child up to the age of sixteen (English) Poor Law Act, 1930 (c. 17), but see AFFILIATION. The father may be compelled to contribute towards the cost of relief by a (English) Poor Law Authority (Bastardy Laws Amendment Act, 1873 (c. 9), s. 5).

A bastard is not by reason of illegitimacy prevented from being a 'dependant' within the meaning of the (English) Workmen's Compensation Act, 1906, s. 13. The definitions of dependants in (English) Lord Campbell's Act (Fatal Accidents Act, 1846) only covered legitimate relatives, but the (English) Law Reform (Miscellaneous Provisions) Act, 1934, s. 2, those definitions have been extended to comprise an illegitimate person. See (English) Workmen's Compensation and Adoption of Children Acts, 1934.

In Scotland the Bastards (Scotland) Act, 1836 (6 & 7 Wm. 4, c. 22), enables bastards or natural children domiciled in Scotland to dispose of their movable estates by testament or last will in like manner as other persons belonging to that country may do. In England they have always had and have full disposing power. See Law of Property Act, 1925, s. 178. As to escheat to the Crown of a bastard's property, see ESCHEAT.

Sub-ss. (1) and (2) of s. 9 of the (English) Legitimacy Act, 1926, apply to Scotland.