BASTARDY PROCESS Meaning and
Definition
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Bastardy process refers to a legal procedure that is commonly followed by courts to establish paternity and enforce the responsibility of the biological father to financially support an illegitimate child. The term "bastardy" historically refers to a child born out of wedlock or whose parents are not married at the time of their birth.
The bastardy process typically involves the filing of a complaint or petition by the mother or a representative of the state on behalf of the child. This initiates a legal proceeding wherein the alleged father is required to appear before the court. The purpose of the process is to determine the paternity of the child and to establish the father's legal obligations, such as child support.
The court, during the bastardy process, may employ various methods to ascertain the biological father, such as DNA testing, witness testimonies, or circumstantial evidence. Once paternity is established, the court may order the father to provide financial support for the child, which can include child support payments and other related expenses.
Bastardy processes are vital to secure the rights and welfare of illegitimate children, ensuring they receive the necessary financial support from their biological fathers. The processes also help establish legal paternity, allowing the child to inherit property or access other rights connected to their father's family. It is worth noting that in modern legal systems, the term "bastard" is considered outdated and often replaced with more neutral terms like "illegitimate child" or "child born out of wedlock."
Etymology of BASTARDY PROCESS
The term "bastardy process" combines two words with different origins: "bastardy" and "process".
1. Bastardy: The word "bastardy" comes from the Old French term "bâtard", which means "illegitimate child" or "person of mixed parentage". It was further derived from the Vulgar Latin term "bastardus", which also meant "illegitimate child". The origin of "bastardus" can be traced back to two Latin words: "bastum" (packsaddle) and "ardus" (rising), possibly referring to the idea of a child born from a relationship prohibited by marriage.
2. Process: The word "process" comes from the Latin term "processus", which literally translates to "progress" or "advancement".
