This is the second in a series of papers that explores these and other similar issues raised by the practice of domestic adoption in England and Wales over the last century. Others will be released over the course of the Centenary Year and eventually be brought together in a forthcoming book.
Summary of Paper
Until the late 20 century, illegitimate children and their mothers were vilified and ostracised, while their fathers largely escaped censure. A woman who gave birth to an illegitimate child had challenged the authority of the Church and questioned the sanctity of holy matrimony – and marriage was regarded as the bedrock of a stable society. Marriage was also the means by which the boundaries of a family, with its reciprocal rights and responsibilities, were defined. An illegitimate child was born outside these boundaries, and therefore filius nullius – nobody’s child. In law, illegitimate children had no relations and no right to a surname, or to an inheritance. Under the 1834 Poor Law, the mother was the only person legally responsible for the care and maintenance of an illegitimate child.
Unmarried mothers and their children therefore represented a significant challenge to the stability of the society in which they lived and were punished accordingly. In the 17 and 18 centuries, unmarried mothers could be whipped and publicly humiliated. In the 20 century, treatment was less harsh, but they were still regarded as “fallen women” who had lost their claim to respectability. The majority (70%) were in stable cohabiting relationships, or married relatively soon after the birth; they could keep their and the child’s history secret. The greatest challenges were faced by sole mothers who had no partner and whose families were unsupportive. Many were disowned by their relations or only offered help on condition that they gave up caring for the baby. It was difficult for a woman who had “lost her character” to find work, and in any case, few women could earn enough to support a child. Moreover, accommodation and some residential occupations were barred to single women with children. Until the Poor Law was abolished in the 1940s, statutory support was punitive, minimal and often required the mother to be separated from her child.
Illegitimate children faced even greater challenges. Until the mid-19 century, many were abandoned, and infanticide was relatively common. By the1920s, they were still twice as likely to die in infancy as those who were legitimate. Poor antenatal care, premature birth and low birth weight all contributed to continuing differences in infant mortality rates. In the 1960s, illegitimate children were still more likely to be growing up in impoverished and unstable homes and showed signs of compromised development. Many grew up believing that their mother was their aunt or sister, with long-term adverse consequences if the secret was revealed. However, their identity could not be completely concealed: their birth certificates identified their status, and many experienced overt discrimination when this became known.
Ward H (2026) Is Adoption Legislation Necessary? An introduction to a century of debate, London: Coram Illegitimate children were also at increased risk of growing up apart from their birth families. Some were placed in foster homes or children’s homes so that their mothers could work to earn enough for their support. Thousands of others, whose parents felt unable to support them, were placed permanently in the care of relatives, friends or strangers, in informal adoption arrangements. These offered no legal protection for any of the parties involved, and left children at considerable risk of exploitation and abuse.
The position of illegitimate children began to improve in the 20 century. They could become legitimate if their parents subsequently married or if they were formally adopted under the Adoption Act 1926 – a reason why, in the 1970s, over 50 per cent of adoptions were to birth mothers and stepfathers. A growing international children’s rights movement also made it increasingly difficult to sustain the legal position of filius nullius. However, although all formal discrimination was abolished in 1987, personal feelings of shame and stigma have been harder to eradicate.
Adoption by strangers appears to have provided better life chances than the other pathways followed by illegitimate children whose mothers were unable to support them. Nevertheless, many of these adopted people have grown up without a clear sense of belonging, and about one in two birth mothers have experienced long-term unresolved grief and distress. However, the numbers of babies adopted for these socioeconomic reasons began to diminish from about 1970. Access to contraception and legal abortion meant that there were fewer unwanted infants. Welfare benefits and women’s position in the labour force improved, and it became easier for single mothers to support their children. Divorce and separation became more common and cohabitation became more acceptable, with the result that lone mothers faced less stigmatisation. Nowadays, the number of adoptions in England and Wales is far smaller, and only about two per cent are for socio-economic reasons; the vast majority are for abused and neglected children in care who cannot safely return home within a reasonable timeframe.