Affiliation
Encyclopedia
In law
, affiliation (from Latin
ad-filiare, to adopt as a son) is the term to describe a partnership
between two or more parties
.
a number of statute
s 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 soldier
s 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 sailor
s in the Royal Navy
.
colonies, and in the states of the United States
(with the (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. Supplt. 372). On the continent of Europe
, however, the legislation
of the various countries differs rather widely. France
, Belgium
, the Netherlands
, Italy
, Russia
, Serbia
and the canton of 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 hand, Germany
, Austria
, Norway
, Sweden
, Denmark
and the majority of the Swiss cantons provide for an inquiry into the paternity of illegitimate children, and the law casts a certain amount of responsibility upon the father.
Affiliation, in France
, is a term applied to a species of adoption by which the person adopted succeeds equally with other heirs to the acquired, but not to the inherited, property of the deceased.
In India
, affiliation cases are decided by section 125 of Criminal Procedure Code (Cr.P.C.). According to this section - among other things - if a person having sufficient means neglects or refuses to maintain his illegitimate child, a magistrate of the first class may, upon proof of such neglect or refusal, order such person to make a monthly allowance for the maintenance of such child.
It is currently being driven in different areas.
Law
Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...
, affiliation (from Latin
Latin
Latin is an Italic language originally spoken in Latium and Ancient Rome. It, along with most European languages, is a descendant of the ancient Proto-Indo-European language. Although it is considered a dead language, a number of scholars and members of the Christian clergy speak it fluently, and...
ad-filiare, to adopt as a son) is the term to describe a partnership
Partnership
A partnership is an arrangement where parties agree to cooperate to advance their mutual interests.Since humans are social beings, partnerships between individuals, businesses, interest-based organizations, schools, governments, and varied combinations thereof, have always been and remain commonplace...
between two or more parties
Party (law)
A party is a person or group of persons that compose a single entity which can be identified as one for the purposes of the law. Parties include: plaintiff , defendant , petitioner , respondent , cross-complainant A party is a person or group of persons that compose a single entity which can be...
.
Affiliation procedures in England
In EnglandEngland
England is a country that is part of the United Kingdom. It shares land borders with Scotland to the north and Wales to the west; the Irish Sea is to the north west, the Celtic Sea to the south west, with the North Sea to the east and the English Channel to the south separating it from continental...
a number of statute
Statute
A statute is a formal written enactment of a legislative authority that governs a state, city, or county. Typically, statutes command or prohibit something, or declare policy. The word is often used to distinguish law made by legislative bodies from case law, decided by courts, and regulations...
s 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
Bastard (Law of England and Wales)
A bastard in the law of England and Wales is a person whose parents, at the time of his/her birth, were not married to each other....
may summon the putative father to petty sessions within 12 months of the birth
Childbirth
Childbirth is the culmination of a human pregnancy or gestation period with the birth of one or more newborn infants from a woman's uterus...
(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
Funeral
A funeral is a ceremony for celebrating, sanctifying, or remembering the life of a person who has died. Funerary customs comprise the complex of beliefs and practices used by a culture to remember the dead, from interment itself, to various monuments, prayers, and rituals undertaken in their honor...
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
King's Bench
The Queen's Bench is the superior court in a number of jurisdictions within some of the Commonwealth realms...
by rule nisi or certiorari. Should the child afterwards become chargeable to the parish
Parish
A parish is a territorial unit historically under the pastoral care and clerical jurisdiction of one parish priest, who might be assisted in his pastoral duties by a curate or curates - also priests but not the parish priest - from a more or less central parish church with its associated organization...
, 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
England
England is a country that is part of the United Kingdom. It shares land borders with Scotland to the north and Wales to the west; the Irish Sea is to the north west, the Celtic Sea to the south west, with the North Sea to the east and the English Channel to the south separating it from continental...
.
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
Jurisdiction
Jurisdiction is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility...
Act (1879) makes due provision for the enforcement of an order of affiliation. In the case of soldier
Soldier
A soldier is a member of the land component of national armed forces; whereas a soldier hired for service in a foreign army would be termed a mercenary...
s an affiliation order cannot be enforced in the usual way, but by the Army
Army
An army An army An army (from Latin arma "arms, weapons" via Old French armée, "armed" (feminine), in the broadest sense, is the land-based military of a nation or state. It may also include other branches of the military such as the air force via means of aviation corps...
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 sailor
Sailor
A sailor, mariner, or seaman is a person who navigates water-borne vessels or assists in their operation, maintenance, or service. The term can apply to professional mariners, military personnel, and recreational sailors as well as a plethora of other uses...
s in the Royal Navy
Royal Navy
The Royal Navy is the naval warfare service branch of the British Armed Forces. Founded in the 16th century, it is the oldest service branch and is known as the Senior Service...
.
Affiliation procedures in other countries
In the BritishUnited Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
colonies, and in the states of the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
(with the (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. Supplt. 372). On the continent of Europe
Europe
Europe is, by convention, one of the world's seven continents. Comprising the westernmost peninsula of Eurasia, Europe is generally 'divided' from Asia to its east by the watershed divides of the Ural and Caucasus Mountains, the Ural River, the Caspian and Black Seas, and the waterways connecting...
, however, the legislation
Legislation
Legislation is law which has been promulgated by a legislature or other governing body, or the process of making it...
of the various countries differs rather widely. France
France
The French Republic , The French Republic , The French Republic , (commonly known as France , is a unitary semi-presidential republic in Western Europe with several overseas territories and islands located on other continents and in the Indian, Pacific, and Atlantic oceans. Metropolitan France...
, Belgium
Belgium
Belgium , officially the Kingdom of Belgium, is a federal state in Western Europe. It is a founding member of the European Union and hosts the EU's headquarters, and those of several other major international organisations such as NATO.Belgium is also a member of, or affiliated to, many...
, the Netherlands
Netherlands
The Netherlands is a constituent country of the Kingdom of the Netherlands, located mainly in North-West Europe and with several islands in the Caribbean. Mainland Netherlands borders the North Sea to the north and west, Belgium to the south, and Germany to the east, and shares maritime borders...
, Italy
Italy
Italy , officially the Italian Republic languages]] under the European Charter for Regional or Minority Languages. In each of these, Italy's official name is as follows:;;;;;;;;), is a unitary parliamentary republic in South-Central Europe. To the north it borders France, Switzerland, Austria and...
, Russia
Russia
Russia or , officially known as both Russia and the Russian Federation , is a country in northern Eurasia. It is a federal semi-presidential republic, comprising 83 federal subjects...
, Serbia
Serbia
Serbia , officially the Republic of Serbia , is a landlocked country located at the crossroads of Central and Southeast Europe, covering the southern part of the Carpathian basin and the central part of the Balkans...
and the canton of Geneva
Geneva
Geneva In the national languages of Switzerland the city is known as Genf , Ginevra and Genevra is the second-most-populous city in Switzerland and is the most populous city of Romandie, the French-speaking part of Switzerland...
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 hand, Germany
Germany
Germany , officially the Federal Republic of Germany , is a federal parliamentary republic in Europe. The country consists of 16 states while the capital and largest city is Berlin. Germany covers an area of 357,021 km2 and has a largely temperate seasonal climate...
, Austria
Austria
Austria , officially the Republic of Austria , is a landlocked country of roughly 8.4 million people in Central Europe. It is bordered by the Czech Republic and Germany to the north, Slovakia and Hungary to the east, Slovenia and Italy to the south, and Switzerland and Liechtenstein to the...
, Norway
Norway
Norway , officially the Kingdom of Norway, is a Nordic unitary constitutional monarchy whose territory comprises the western portion of the Scandinavian Peninsula, Jan Mayen, and the Arctic archipelago of Svalbard and Bouvet Island. Norway has a total area of and a population of about 4.9 million...
, Sweden
Sweden
Sweden , officially the Kingdom of Sweden , is a Nordic country on the Scandinavian Peninsula in Northern Europe. Sweden borders with Norway and Finland and is connected to Denmark by a bridge-tunnel across the Öresund....
, Denmark
Denmark
Denmark is a Scandinavian country in Northern Europe. The countries of Denmark and Greenland, as well as the Faroe Islands, constitute the Kingdom of Denmark . It is the southernmost of the Nordic countries, southwest of Sweden and south of Norway, and bordered to the south by Germany. Denmark...
and the majority of the Swiss cantons provide for an inquiry into the paternity of illegitimate children, and the law casts a certain amount of responsibility upon the father.
Affiliation, in France
France
The French Republic , The French Republic , The French Republic , (commonly known as France , is a unitary semi-presidential republic in Western Europe with several overseas territories and islands located on other continents and in the Indian, Pacific, and Atlantic oceans. Metropolitan France...
, is a term applied to a species of adoption by which the person adopted succeeds equally with other heirs to the acquired, but not to the inherited, property of the deceased.
In India
India
India , officially the Republic of India , is a country in South Asia. It is the seventh-largest country by geographical area, the second-most populous country with over 1.2 billion people, and the most populous democracy in the world...
, affiliation cases are decided by section 125 of Criminal Procedure Code (Cr.P.C.). According to this section - among other things - if a person having sufficient means neglects or refuses to maintain his illegitimate child, a magistrate of the first class may, upon proof of such neglect or refusal, order such person to make a monthly allowance for the maintenance of such child.
See also
- AdoptionAdoptionAdoption is a process whereby a person assumes the parenting for another and, in so doing, permanently transfers all rights and responsibilities from the original parent or parents...
- Illegitimacy
- Paternity (law)Paternity (law)In law, paternity is the legal acknowledgment of the parental relationship between a man and a child usually based on several factors.At common law, a child born to the wife during a marriage is the husband's child under the "presumption of legitimacy", and the husband is assigned complete rights,...
- Poor Laws
It is currently being driven in different areas.