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From: "bobert" <bobert@i-1.net>
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Subject: [ROOTS-L] CHILD OF MARRIAGE

Hi, Rooters!  If you check with some of your history of 
settlers/settlements, you will find that a man and woman did live 
together prior to a legal or religious marriage between them, but with 
the 'understanding'  that they were married.  It had nothing to do with 
immorality. Some areas were so remote that a circuit preacher (you know 
what that was) only was in a settlement/community at various - sometimes 
unscheduled - times; some maybe twice a year, if that.  Then he would 
marry couples who had been living as man and wife; baptize children, 
etc.  Many times there had been children born to the couple prior to 
what we loosely call a 'real marriage', i.e., no legal or religious 
ceremony.

>From what I have read, it was then the preacher who would carry/take the 
wedding certificate/record to the nearest court house/court for filing. 
Months may have passed before a preacher, justice of the peace, 
whomever, even got to a court house.  And - if anything happened to the 
preacher 'on the way', the marriage facts may not have ever reached a 
court house.

Also:  I believe it is legal truth/law that a child born to a married 
couple, regardless if the child is a product/result of 'an affair' of 
the mother, is considered the husband's child [ regarding all legal 
matters], and has the surname of the husband;  the husband is 
responsible for the child's welfare and financial support.   This is one 
example of  sameness of "legal marriage" and "legal sex"!

I suppose in another 100 years, any sort of 'test tube baby' will need 
new laws written for their benefit/legal protection!

Shirley:  bobert@i-1.net
I know one of you will correct me if I am wrong about this. 

