The English law has always looked with great disfavor on the illegitimately born child. A bastard is _filius nullius_, "nobody's child." He cannot be legitimized even on the subsequent marriage of his parents. In Scotland this injustice is not found. There (as also in every other civilized land except our own) the child becomes legitimized by the simple natural process of the father marrying the mother. Can the cruelty of our English law have any positive value? It is difficult to think so. At common law the illegitimate can have no guardian, he has no relations and no rights of inheritance; he is given unprotected into the custody of his mother, and until the age of fourteen is wholly in her power.
Here we have a clear duty, and another case of the urgent need of a readjustment of our moral attitude, of a change in our laws and in our judgments strictly parallel to several we have considered. Once more I am convinced of the poverty, and selfishness, and the immorality of our views. Nor do I find great improvement to-day over yesterday. There is much talk and some tinkering, but though our judgments are less harsh, still we are choked with the weeds of false sentiment and feminine egoism. We fail to attack straight and think boldly.
The sin of illegal parenthood is really a collective concern: to turn our backs on the pitiable plight of these children, to refuse to fulfill our duties toward them, is to leave them entirely to those who are often least fitted to help them, and also to open up direct ways to every kind of wickedness. And it follows, almost necessarily, if we accept this view of our collective responsibility, that the greatest danger in the present position arises out of our selfish plan of leaving these children unprotected in the hands of their mothers, giving them no other legal relations, making no fixed provision for their guardianship, allowing each mother to do as she likes; to establish paternity or leave the child unfathered, to keep the child with her or give it into the care of strangers, to make any kind of arrangements, good, bad, or none at all, for its education and upbringing. And what makes it the more intolerable is the indifference of almost all of us to what is done, or is not done, by the mother. The subject is difficult and unpleasant: illegitimacy is wicked and, therefore, must not be talked about. If any case comes to our notice, we hush it up. We are too selfish and lazy to attack the deep causes of the evil--to remove temptation; instead, we directly encourage evil; we place the illegitimately born child in a position of such disadvantage that its future existence is jeopardized.