Father of illegitimate child. Beyond reasonable doubt.

[guest189040]

How can I work this one out
Birth cert states fathers name, dec, although I know he wasn't,  then a few months later the mother takes a man, not recognised as a family member to court, she was awarded maintenance from him, no DNA in those days , I really do not know how she got away with it

Louisa  Maud

An awkward one.

The man paying the maintenance is as far as the Law is concerned is the biological Father.

I would include him in the tree as Father and any other men in a relationship with the Mother simply listed as Step-Father if they married the Mother or Unknown if they were not married to her.  Adoption is another listing option if this is known to have been the case.

The Mother possibly made a false declaration when the birth was registered as to who the Father was, so in this case I would contact GRO and advise them of the findings and the error in their records.

[DianaCanada]

Don’t always assume convenience leads to conception! My great grandfather was illegitimate, born 10 months after the 1861 census. His mother was a servant in a household of an elderly couple and there was also a farm servant, age 21 to her 19.  Hello! I thought, he might have been the father of young William.  When my DNA results, along with my brother’s, came in, there was absolutely no matches to the young man’s line.  I have however, quite a few matches on a couple of other surnames in the village, and hope to work it out soon. I have some suspicions that the father was also named William.
My mother was also born to a single mother and with the DNA testing I am quite confident I have identified my grandfather was one of three brothers (from that same village).

[Guy Etchells]

An awkward one.

The man paying the maintenance is as far as the Law is concerned is the biological Father.

I would include him in the tree as Father and any other men in a relationship with the Mother simply listed as Step-Father if they married the Mother or Unknown if they were not married to her.  Adoption is another listing option if this is known to have been the case.

The Mother possibly made a false declaration when the birth was registered as to who the Father was, so in this case I would contact GRO and advise them of the findings and the error in their records.

Not always I have a bastardy bond where two men are responsible for paying the maintenance or either of them or either of their heirs executors or administrators.

In other words even someone not living at the time the order was made could be responsible for paying the maintenance.

Cheers
Guy

[KGarrad]

How can I work this one out
Birth cert states fathers name, dec, although I know he wasn't,  then a few months later the mother takes a man, not recognised as a family member to court, she was awarded maintenance from him, no DNA in those days , I really do not know how she got away with it

Louisa  Maud

After 1874 any father named on a Birth Certificate (England & Wales), who wasn't the husband of the mother, had to be present at the Registration AND give his permission.

When a married woman registers a birth, it is always assumed that the father of the child is her husband. Unless the Registrar is told otherwise.

[louisa maud]

If the husband is shown as deceased the woman gets away with it, no proof

Louisa Maud

[IgorStrav]

I would only make the point that we can never know now the precise circumstances of our ancestors, and our assumptions are just that. 

I am just as guilty of imagining what events might have been, but given (often) very poor domestic circumstances, the cultural status of women, ignorance of simple birth control procedures and so on, we are unlikely to be able to make satisfactory judgements.

[KGarrad]

If the husband is shown as deceased the woman gets away with it, no proof

Louisa Maud

Is it not possible that the man died before the birth, but AFTER impregnating his wife?

[DianaCanada]

I would only make the point that we can never know now the precise circumstances of our ancestors, and our assumptions are just that. 

I am just as guilty of imagining what events might have been, but given (often) very poor domestic circumstances, the cultural status of women, ignorance of simple birth control procedures and so on, we are unlikely to be able to make satisfactory judgements.

I couldn’t have said it better! Thank you.

[IgorStrav]

I would only make the point that we can never know now the precise circumstances of our ancestors, and our assumptions are just that. 

I am just as guilty of imagining what events might have been, but given (often) very poor domestic circumstances, the cultural status of women, ignorance of simple birth control procedures and so on, we are unlikely to be able to make satisfactory judgements.

I couldn’t have said it better! Thank you.

You're most welcome