Families of women in mother and baby homes sued fathers for money
Tuam historian discovers how old seduction laws were used to sue for compensation for loss of earnings from daughters abandoned in institutions
DOZENS of families took the fathers of children born outside marriage to court under ‘seduction decree’ laws, Tuam Babies historian Catherine Corless has revealed.
Many of these children were born in mother and baby homes and, today, are using court reports to track their families.
The news comes as a spokeswoman for Childrens Minister Katherine Zappone said she will shortly bring to Cabinet a report listing possible options for what to do with the remains of children found in the grounds of the Tuam Mother and Baby Home.
The Attorney General has been consulted, she said.
In many cases, women were not only abandoned by society, but by their family as well. However, analysis by the Irish Mail on Sunday of court reports in newspapers from the 1880s onwards, shows many families used the courts to get financial compensation.
Under laws known as ‘seduction decree’ or ‘action for seduction’, the father of a woman in a mother and baby home could take a case for ‘loss of his daughter’s services’ – meaning loss of earnings. In some cases money was awarded for the cost of raising the child.
Detailed court reports make clear that in many cases these women were raped by men known to them and to their families.
A number of cases mention the girl in question had previously been in an industrial school, like Goldenbridge, only to meet further trauma on leaving the institution.
Ms Corless came across many similar cases in the Galway area when researching Tuam. ‘Some of the men were found guilty. I think it depended on the standing of the family, if they had a bit of clout. But the girls who were just servants, some… were barely literate and… would not have a hope.
‘In some cases you can see they are more worried about the standing of the man, if he was a merchant or well known in the town. It was a terribly unfair system.’
The historian, who saw cases referring to industrial schools, said: ‘This happened a lot. Those poor girls were never taught the facts of life. They were never shown any love. Obviously then, if someone shows you affection, they fall for it.
‘They were taken advantage of: the men would know they had noone to turn to afterwards.’
She said the emphasis on loss of earnings is interesting, and very different to how these cases are treated today.
‘This was all reported in the newspapers – the cases were in the courts. There is so much secrecy around all of this, but, in some ways, it was out in the open too.
‘It’s interesting to note that those cases which were published are a very valuable source of information for those “home babies” who have no other resource to find out who their fathers were,’ she said.
Cases were taken all around Ireland until the law was updated by the 1981 Family Law Act, following an earlier change in 1930. Government papers from the 1930s, quoted in a book by Diarmaid Ferriter, note the poverty resulting for many unmarried mothers, and say payment from the fathers could prevent infanticide.
These laws were also used to get compensation for a broken engagement. A book on Irish family law by Niamh Howlin says the law was still being used like this as recently as 1977, when a Kerry woman was granted £11,000 for a broken engagement. This use was also removed in 1981.
Court reports are sometimes just one line, but often detail the women’s situation. In October 1971 a man in Tyrone was awarded £25stg as compensation for the seduction of his daughter by a soldier. The judge noted this was the first time he’d seen a successful claim for damages from seduction.
A detailed report from the Connaught Telegraph in 1962 says when Norah Deasy was promised marriage by a neighbour, she was ‘seduced’ and became pregnant soon after. But the wedding date was delayed by PJ Conroy.
Norah gave birth in Castlebar and then took the child to America for adoption, having asked the parish priest to intervene for her with Mr Conroy, to no avail. On her return, her family took a case and were granted £100 with costs.
In May 1974 Marion Myles was given £1,000 by the court in Athy,
Abandoned by society and their families Children using old court reports to find families
Co. Kildare, because of ‘alleged seduction’ by Raymond Tighe. This report does not mention children.
In 1953, the Connaught Tribune reported a widow, Julia Hynes, sued a young man for seducing her daughter, receiving £150 instead of the £300 she’d requested.
The Cork Examiner reported in May 1960 on a widow taking a case for loss of her daughter’s earnings now that she was pregnant. The father, John Moore, had fled to England but returned to Cork claiming poverty. The judge granted an order for £300 to Mrs Margaret O’Connell.
In 1930 an order was made for Jeremiah Donlon’s farm in Castlebar to be sold as he had failed to pay the £100 fine in a seduction case. The report in the Western People says the application was made by Thomas Dooney, probably the father of the woman involved.
The same paper reports in 1930 that Mrs Julia Kelly sought an order for £300 for her pregnant daughter, but was only granted £75 by the judge.