nger be considered as belonging to the mother,
but should be recognized as a member of society, and, as such, entitled
to protection, so that it may suffer as little, and not as much, as is
possible from the disadvantages of its illegal birth. This is plain
justice. Yet before it can be done we shall need an immediate and great
reform of our bad and antiquated bastardy and affiliation laws. We shall
need also a change of heart.
XII
I shall be asked what changes I would suggest. The answer is not easy:
it is not so much a question of altering this regulation or that, of
removing hindrances and giving increased help; that is good, but more is
needed: we want a change of the entire system: _the firm understanding
that the clear aim before us is to place the child, as nearly as this
can be done, in the same position of advantage as it would have had if
it had not been illegally born. If there must be punishments, let them
fall on the parents, never on the child._
Now, how can this best be done? In the space I can devote here, it is
possible only to throw out a few suggestions.
First, and I think exceedingly important, the law should take account of
the attitude of the father. In all cases where the paternity of the
child is acknowledged openly by the man and with the mother, and
guarantees are given that the duties of both parents will be faithfully
fulfilled, the child should be legitimized, receive the name of the
father, be qualified to inherit from him, and in every way given the
same rights as the legitimate child, even if the parents are unable or
do not wish to marry. This opportunity of right conduct once given to
men by the law, I believe that many, who are fathers illegitimately,
would voluntarily take this course and gladly acknowledge and fulfill
the responsibilities of their fatherhood.
In all other cases, in which paternity is not voluntarily acknowledged,
I take the most important duty of the law to be the official
appointment of guardians. I believe nothing else is so urgently needed
to protect these fatherless little ones. Such guardianship[187:1] could
be provided without great difficulty or expense if _each illegitimately
born child, not openly acknowledged and willingly provided for by its
father, was made a ward of the Court of Summary Jurisdiction in the
district in which it lived and thus placed under authoritative
supervision. The child would, by the authority of the Court, be boarded
ou
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