Acnowledgement of paternity

[steiner]

I found a birth certificate from late 1880's with an RCE entry.
The paternity was acknowledged by the father by a decision of the sheriff substitute in Glasgow 2 years later. Would anyone know if these case records survive and where they are likley be kept?

thanks

[Montrose Budie]

I found a birth certificate from late 1880's with an RCE entry.
The paternity was acknowledged by the father by a decision of the sheriff substitute in Glasgow 2 years later. Would anyone know if these case records survive and where they are likley be kept?

thanks

If they survive, and the chances aren't good, as most Sheriff Court records of that era were destroyed quite some years ago, then it will be National Archives of Scotland in Edinburgh. The reason for the destruction was the volume of the records. As samples, the complete records of two Sheriff Courts were preserved, one in the far north (Orkeny or Shetland?), and one in the Borders; check the NAS website for details.

But even if they do survive they are unlikely to provide any more info than you have already via the details on the RCE entry, i.e. the name of the father, apart from, possibly, an address ..............

mb

[steiner]

Thanks MB. I'll give NAS a try.

Andy

[steiner]

So was it just really a formal process to enable the registrar to alter the original birth entry?

Andy

[Montrose Budie]

Hi Andy

While a formal process it was most often intitiated by the mother in circumstances where the father was refusing or failing to pay maintenance. In accordance with registration law a copy of the Sherrif court decision was automatically sent to the relevant registrar, who added the info in the RCE entry.

mb

[Montrose Budie]

On reflection, just to clarify things.

A Sheriff Court paternity action was normally taken when a man had previously admitted paternity, but wasn't living up to promises to support the wain. The Sheriff Court action then provided the basis for a formal action for payment of maintenance.

Often, these actions were paid for by the local poor relief authorities, thus avoiding their having to lay out money to support both the mother and the wain.

At that era, obviously, if a man denied paternity, - "it wisnae me!", it was virtually impossible to prove otherwise, it being a century or longer before DNA became a possibility.

mb