Rabbie's Bairns: How Today’s Scots Law may have Applied to the Scots Bard and His Family

Published byIona Whyte

19th January 2026

The life of Scotland’s national bard, Robert Burns, and his literary legacy is celebrated on each year on 25 January. But, what of his family legacy?

Who were the Burns Bairns?

It is understood that Burns had fathered 12 offspring by four different mothers during his life. Nine of Burns’ these confirmed offspring were with the “Belle of Mauchline” Jean Armour though unfortunately only three of those children survived past infancy. Robert Burns Jnr the first of those, who was born in 1786 before his parents' marriage and the other surviving children after the couples’ marriage in 1788.

Burns also had a number of illegitimate children, his first ‘Love-begotten’ child, Elizabeth (“Bess”), to one of his family’s servants, Elizabeth Paton, and a son, Robert Burns Clow to Jenny Clow, another servant girl. Burns also fathered another daughter Elizabeth (“Betty”), to barmaid Ann Park, after marrying Jean Armour, though it is understood that Jean was the only mother Betty knew.

Recognition of Parentage

Of Burns’ children, only those born to Jean Armour after the couples’ marriage would be automatically recognised as Burns’ bairns and identified on their birth certificates. If today’s law had applied in respect of those children deemed illegitimate, parentage would be recognised by the mother’s decision to name Robert Burns on the children’s birth certificates.

If Burns was not named on any of his children’s birth certificates and either party or indeed the child wished for this to be recognised, an application could be made to amend the birth certificate with agreement of both parties or by a Declarator of Parentage.

Child Maintenance

Whether or not Burns was on the birth certificate of all his children does not preclude any of their mothers from claiming child maintenance payments for those not in his care. Obligation to pay such support would be based on who is recognised and known to be the child’s father whether or not on the birth certificate.

Parental Responsibilities and Rights

The significance of a parent being on a child’s birth certificate in terms of the law which applies today, is that this recognises the parental rights and responsibilities held by that parent in respect of the child.

In terms of the Children (Scotland) Act 1995, these rights and responsibilities would include safeguarding their health, development and welfare, providing them with direction and guidance and maintaining personal relations with them. This means that, although not all of his children may have resided in his household, he had a parental duty to maintain personal relations with them and indeed could have sought to regulate his contact with them either by agreement with their mother or by seeking a court order.

Burns would also have held a legal obligation to aliment (provide financial support) for each of his children until they reached the age of 25. This obligation would remain in place whilst they were in full time education in accordance with the Family Law (Scotland) Act 1985.

It is generally understood that all of the children born to Burns through both his marital and extramarital relationships were all recognised. Burns wrote of his first child Bess:-

“I'll never rue my trouble wi' thee,
The cost nor shame o't,
But be a loving father to thee,
And brag the name o't.”
Taken from ‘A Poet’s Welcome to his Love-Begotten Daughter’

Despite the time and circumstances of their birth, it seems that this 18th century’s bard’s approach to his children may have been aligned with some of our 21st century laws, though how much he may have exercised his responsibilities is unknown.

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