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AFFILIATION (from Lat. ad filiare, to...

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Originally appearing in Volume V01, Page 301 of the 1911 Encyclopedia Britannica.
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AFFILIATION (from See also:Lat. ad filiare, to adopt as a son) , in See also:law, the See also:procedure by which the paternity of a See also:bastard See also:child is determined, and the See also:obligation of contributing to its support enforced. In See also:England a number of statutes on the subject have been passed, the See also:chief being the Bastardy See also:Act of 1845, and the Bastardy See also:Laws See also:Amendment Acts of 1872.and 1873. The See also:mother of a bastard may summon the putative See also:father tq See also:petty sessions within twelve months of the See also:birth (or at any later See also:time if he is proved to have contributed to the child's support within twelve months after the birth), and the justices, after See also:hearing See also:evidence on both sides, may, if the mother's evidence be corroborated in some material particular, adjudge the See also:man to be the putative father of the child, and See also:order him to pay a sum not exceeding five shillings a See also:week for its See also:maintenance, together with a sum for expenses incidental to the birth, or the funeral expenses, if it has died before the date of order, and the See also:costs of the proceedings. An order ceases to be valid after the child reaches the See also:age of thirteen, but the justices may in the order See also:direct the payments to be continued until the child is sixteen years of age. An See also:appeal to See also:quarter sessions is open to the See also:defendant, and a further appeal on questions of law to the See also:King's See also:Bench by See also:rule nisi or certiorari. Should the child after-wards become chargeable to the See also:parish, the sum due by the father may be received by the parish officer. When a bastard child, whose mother has not obtained an order, becomes chargeable co the parish, the guardians may proceed against the putative father for a contribution. Any woman who is single, a widow, or a married woman living apart from her See also:husband, may make an application for a See also:summons, and it is immaterial where the child is begotten, provided it.is See also:born in England. An application for a summons may be made before the birth of the child, but in this See also:case the statement of the mother must be in the See also:form of a sworn deposition. The defendant must be over fourteen years of age. No agreement on the See also:part of the woman to take a sum down in See also:discharge of the liability of the father is a See also:bar to the making of an affiliation order. In the case of twins it is usual to make See also:separate applications and obtain separate summonses.

The See also:

Summary See also:Jurisdiction Act 1879 makes due See also:provision for the enforcement of an order of affiliation. In the case of soldiers an affiliation order cannot be enforced in the usual way, but by the See also:Army Act 1881, if an order has been made against a soldier of the See also:regular forces, and a copy of such order be sent to the secretary of See also:state, he may order a portion of the soldier's pay to be retained. There is no such See also:special legislation with regard to sailors in the royal See also:navy. In the See also:British colonies, and in the states of the See also:United States (with the exception of See also:California, See also:Idaho, See also:Missouri, See also:Oregon, See also:Texas and See also:Utah), there is some procedure (usually termed filiation) akin to that described above, by means of which a mother can obtain a contribution to the support of her illegitimate child from the putative father. The amount ordered to be paid may subsequently be increased or diminished (1905; 94 N.Y. Suppit. 372). On the See also:continent of See also:Europe, however, the legislation of the various countries differs rather widely. See also:France, See also:Belgium, See also:Holland, See also:Italy, See also:Russia, See also:Servia and the See also:canton of See also:Geneva provide no means of inquiry into the paternity of an illegitimate child, and consequently all support of the child falls upon the mother; on the other See also:hand, See also:Germany, See also:Austria, See also:Norway, See also:Sweden, See also:Denmark and the See also:majority of the Swiss cantons See also:pro-vide for an inquiry into the paternity of illegitimate See also:children, and the law casts a certain amount of responsibility upon the father. Affiliation, in France, is a See also:term applied to a See also:species of See also:adoption by which the See also:person adopted succeeds equally with other heirs to the acquired, but not to the inherited, See also:property of the deceased. (See ADOPTION.

End of Article: AFFILIATION (from Lat. ad filiare, to adopt as a son)

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