The purpose of bastardy bonds was to ensure that the reputed father of an illegitimate child would be financially responsible for the child. If the father failed to provide adequate support, then the child became a ward of the county or other governing body, and the father and/or other signers of the bond were required to pay the dollar amount specified on the bond. In the few cases in which the mother refused to name the father of her child, then, of course, she and anyone signing the bond with her was financially responsible for the child. Bastardy bonds nearly always named the mother and father, but rarely named the child. It was common practice for an illegitimate child to bear the surname of his or her mother; however, it was possible for a father to formally legitimate a child born out of wedlock, regardless of whether the child's natural father and mother ever married. If made legitimate through petition of the father, such a child was entitled to inherit property from his or her father, even in the case of an intestate division. In many cases, the individuals who provided securities (bondsmen or guarantors) were relatives of the father or mother, but since these relationships are not stated in the bonds, additional records must be found to verify the relationships.

    On most of these bonds, the names of the father and each of his bondsmen appear at least twice. Under the heading "Father," I have transcribed the father's name in the most complete form in which it appears on the bond, i.e. "John Smith, Jr." instead of "Jno. Smith." Under the heading "Bondsmen," I have transcribed the father's name as he signed it, and have transcribed the other bondsmen's names in their most complete forms.

Sample Bastardy Bond Form

State of North Carolina,
Currituck County,

Know all men by these presents, That we (names of bondsmen)

Are held and firmly bound unto the Justices of the County aforesaid, in the sum of (amount of obligation)
to be paid to the said Justices, or their Successors in Office. To the which payment well and truly to be made, we bind ourselves, our heirs, Executors and Administrators, jointly and severally, firmly by these presents. Sealed with our Seals, and dated this (day) day of (month) Anno Dom. 18 (year).

The condition of the above obligation is such, That whereas the above bounden (father)
stands charged, according to law, with being the reputed father of a Bastard Child, of which (mother)
has lately been delivered.

Now if the aforesaid (father)

his heirs, Executors, or Administrators, or any of them, do and shall, from time to time, and at all times hereafter, acquit, discharge, and save harmless, the Overseers of the Poor and Inhabitants of the County aforesaid, from all costs, charges, and troubles whatsoever, for and by reason of the birth, maintenance of, and bringing up the said Child, and of and from all other suits, charges, and demands whatsoever, touching and concerning the same; then the above Obligation to be void, otherwise to remain in full force and virtue.

Sealed and delivered in the presence of (signatures of county official and/or bondsmen).

Bastardy Bonds