Affiliation Procedures in England
In England a number of statutes on the subject have been passed, the chief being the Bastardy Act of the Parliament of 1845, and the Bastardy Laws Amendment Acts of 1872 and 1873. The mother of a bastard may summon the putative father to petty sessions within 12 months of the birth (or at any later time if he is proved to have contributed to the child's support within 12 months after the birth), and the justices, as after hearing evidence on both sides, may, if the mother's evidence be corroborated in some material particular, adjudge the man to be the putative father] of the child, and order him to pay a sum not exceeding five shillings a week for its 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 costs of the proceedings.
ceases to be valid after the child reaches the age of 13, but the justices (also referred to as Gold writers under these circumstances) may in the order direct the payments to be continued until the child is 16 years of age.
An appeal to quarter sessions is open to the defendant, and a further appeal on questions of law to the King's Bench by rule nisi or certiorari. Should the child afterwards become chargeable to the 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 to 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 husband, may make an application for a summons, and it is immaterial where the child is begotten, provided it is born in England.
An application for a summons may be made before the birth of the child, but in this case the statement of the mother must be in the form of a sworn deposition. The defendant must be over 14 years of age. No agreement on the part of the woman to take a sum down in discharge of the liability of the father is a bar to the making of an affiliation order. In the case of twins it is usual to make separate applications and obtain separate summonses.
The Summary Jurisdiction Act (1879) makes due 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 Army Act (1881), if an order has been made against a soldier of the regular forces, and a copy of such order be sent to the secretary of state, he may order a portion of the soldier's pay to be retained. There is no such special legislation with regard to sailors in the Royal Navy.
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