Upton v. State

FOSTER, Justice.

The question in this case is whether the alleged father of a bastard child has voluntarily assumed the trole of parenthood so as to require him to support the child and be subject to the penalties of section 90, Title 34, Code, for willfully not doing so while she is still under eighteen years of age and in destitute or necessitous circumstances.

It is our understanding there is no common law duty on the part of the father of a bastard child to support it. Title 6 of our -Code makes provision for such limited support, and for a long time in this State that was such a father’s…