Rebecca started by citing the case of her grandmother who was born in WW1 and the questions that this event raised and led her to researching this topic.
She showed a graph of the percentage of illegitimate births between 1700 and 1960, this was based on research in parish registers and later on the civil registration registers. The numbers were fairly similar throughout the period however WW1 and WW2 saw a small spike. The average was between 2 and 6% regardless.
Rebecca stated that we need to define what is meant by legitimacy in this period: Legally, it was a child born to a marriage that was formalised at the time of their birth and in the eyes of the law, either religious or secular, there was no such thing as common law marriage or cohabiting.
• If a marriage was later annulled then children of that marriage became illegitimate.
• In the case of bigamy, if the first marriage had been invalid for any reason, then children of that first marriage were illegitimate and any children of a second marriage were legitimate.
• After 1926, children would be legitimised if their parents married at a later date, as long as both parents would have been free to marry at the time of their children's birth.
18th Century parish records had no consistency and were often sparse. Various terms were used to describe the child and or the mother and they were often pejorative. The father was rarely named and, in some cases, neither was the mother. If there was a poor house in the area this would often raise the percentage.
In a sample in Northamptonshire looking at years 1732-1751 there were 847 illegitimate children, the father was named in only 221 and just 21 couples went on to marry. There were only 6 cases of subsequent illegitimate children. The authorities were keen to know the father to enable them to get maintenance paid, Midwives were often instructed not to deliver the child unless the mother gave the name of the father!
Bastardy examinations required information on the father and the circumstances of conception. The father could be arrested if unable to prove who would pay for the child
1812 Parish Register Act and the increase in non conformity meant that records were not representative of the whole population.
1834 Poor Law Act, the old laws had been too generous to mothers so the mothers right to apply for maintenance was removed (this was repealed in 1844)
1836 Civil Registration Act, Mothers were not obliged to name the father and there is a suspicion of under reporting and misinformation
A sample in Coventry in 1850 found 834 births across 4 parishes, only 46 were illegitimate. In 22 cases no male was named. Of these the 1851 census shows the mother cohabiting with a male of similar age, possibly the father in 7 cases.
In Oxford in 1851 a study found 900 births across 10 parishes, 35 showed single mothers and only 1 father was named. The census shows only 3 living with the probable father.
The 1851 census of Berkhamstead showed 66 children living with an unmarried woman. 18 had concealed illegitimacy by stating a different relationship – niece, brother etc. 5 were in the workhouse and only 3 out of 22 births named the father.
1874 Registration Act, increased the penalty for non-registration and the father could only be named if present at the registration so the majority were the mother alone. This tightening up did not increase the percentage though so it is likely there was no under reporting before.
In the early 20th century Workmen’s Compensation gave protection to dependents, including illegitimate ones, of any workman killed at work. But not to the workman's cohabiting partner.
WW1 separation allowances and pensions were paid to dependants including unmarried “wives” and illegitimate children but only if the father had been supporting them before. Records suggest that only a small percentage were paid, indicating that this was rare.
1921 Unemployed Workers Act, 5 shillings was payable to the wife or cohabitee if living as wife.
1926 Adoption Act stated that adoptive parents would assume the blood parents’ role as legal parents but the children would not inherit in the case of intestacy. Prior to this many adoptions were informal.
1927 Unemployment Insurance Act limited payment to “Housekeepers” looking after children.
1949 Adoption Act gave children rights as if blood children
1959 Legitimacy Act allowed Judges to make orders regarding Custody and access to children and allowed the legitimisation of children if there had been a legal bar to their parents marriage at the time of birth
Report by Sheila Harris