[The Family and it’s Members by Anna Garlin Spencer]@TWC D-Link bookThe Family and it’s Members CHAPTER I 9/38
Many illegitimate conceptions are similarly taken care of by the enforced or assisted marriage of the parties concerned just before the birth of the child.
In many cases, however, in our own country doubtless the great majority, the father concerned has an illicit connection with some girl quite outside his own social circle and later, as in the famous "Kallikak" case, marries a woman of his own class and has a family of recognized children.
What would be advised in such a case by those advocating the legal abolition of illegitimacy? Should a searching investigation of the whole previous life of every prospective bridegroom be made, and wherever a previous relationship can be found which involves parenthood a legal prohibition work automatically to prevent a second relationship? This seems to be the plan proposed by Mrs.Edith Houghton Hooker in her recent book, _The Laws of Sex_, as in her program of "measures designed to minimize extra-marital sex relationships and to check the commercialization of vice," she lays down the principle "the common parentage of an illegitimate child to constitute marriage or if either of the parents was previously married, bigamy." This would, of course, carry out her next item of the social program, namely, "place the illegitimate child on the same plane as the legitimate," but that plane would be a very low one in the cases that would legally become those of bigamy.
In the case of very unequal partners in an illicit sex-relationship, a legal union that was based on the fact of equal responsibility for a child born out of wedlock, and made a legal necessity only because of that mutual relationship, could surely be good neither for the men and women involved nor for any child or children thus legitimatized by force of arms, as it were. =Illicit Unions of Men and Women in Divergent Social Position.=--On the other hand, in cases where the illegitimate parenthood is the fruit of a union between a man of a high and a woman or girl of a very low grade of intelligence and of social position a legal prohibition which would work automatically to prevent any later and legal marriage with a woman of higher grade (because of the existence of a child by the extra-marital relation) would not be wholly satisfactory. Although such a regulation would prevent any legitimate children being born of that father, it would not necessarily legitimatize the child or children of the first relation.
The social value of either of these plans is extremely doubtful. =Shall We Return to Polygamy ?=--Again, in such cases as have been indicated, should the first mother be ignored and the child or children of the irregular union be adopted into the legal home of the father and added to the registered children of the second mother? Some such plan has been adopted in some countries and at certain periods of family development.
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