Re: Legitimate or illegitimate child #galicia


Mark Halpern <willie46@...>
 

Lilian:

In the Austrian Empire during this period, a person's birth
record served as a record of change in civil status for that
individual. In subsequent years, the birth record would be used
to record the death of the person, the civil marriage of the
person, the civil marriage of the person's parents if the person
was born illegitimate (parents marriage not registered with civil
authorities), an official name change, or any other event that
changed the persons legal/civil status. The note on Serl Race
MISCHEL was such a note.

Many parents were married in religious ceremonies which were not
registered with the State. In many cases, when they or their
children were ready to emigrate, a second marriage ceremony would
take place. This ceremony was performed by the Rabbi who had been
authorized by the State to perform civil marriages. Since
Galician Jews viewed marriage as a religious event, not a civil
event, there was no stigma to be considered unmarried by the
State. My Galician great-grandparents and grandparents were
married in a civil ceremonies in 1898, many years after having
their children.

If your aunt's parents did not have a civil marriage, then her
legal Surname was that of her mother. To change her Surname to
her father's surname required a change in civil status. I have
never seen a note such as the one written on your aunt's birth
records, but I would assume that your aunt petitioned the
authorities to change her Surname for official purposes (most
likely for the Passport). I cannot tell if the petition was
approved. I imagine it is up to the authorities or the courts to
decide whether to allow the use of the father's surname in cases
where the parents never registered a civil marriage.

Mark Halpern

----- Original Message -----
Dear Genners,
On the birth record of my aunt Serl Race MISCHEL dated 1894,
the is a note
stating: "following instructions >from Stanislawow dated
7/3/1930, and the
recommendation of the office >from Stryj >from April 8, 1930, it
is noted
that the child is of intramarital origin....."

My question is:
1) Why was this note written in 1930 on the Birth Record dated
1894?
2) Was it because my aunt needed to obtain the Passport and
therefore
as my grandfather was dead by 1930 a civil marriage could not
take place
and therefore she could not legitimate her birth?
Would appreciate any comments that would help me understand
this.

Thank you in advance,

Lilian Schorr
Buenos Aires, Argentina

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