Washington Court Rules Fathers Have No Legal Duty to Support Illegitimate Children
A landmark decision from the state supreme court highlights a massive legal loophole regarding parental responsibility.
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Olympia—According to a decision handed down by the supreme court, there is no law in this state under which a putative father can be compelled to support an illegitimate child. The case in question originated in Skagit county, where Peter Tieman was charged by John Jungquist with being the father of an unborn child. Tieman was adjudged guilty of bastardy and sentenced to pay a monthly allowance for the child's support. He appealed, and the judgment was reversed on the grounds that the 1881 territorial statute on bastardy was never valid, as it was improperly bundled into a criminal code rather than a civil one. The court further ruled that, in the absence of a specific statute, there is no common law obligation for a putative father to provide support.
“In the absence of a statute there is no legal obligation on the part of a putative father to support an illegitimate child.”
This 1903 ruling underscores the era's severe legal and social marginalization of single mothers and children born out of wedlock. While modern family law has fundamentally shifted to mandate child support regardless of marital status, the case serves as a stark reminder of how civic institutions once weaponized procedural errors to deny essential resources to the vulnerable.
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