226 JON ALFRED MJ0EN 



health declaration in the marriage legislation. These marriage laws now 

 in operation in Norway and Sweden forbid the marriage of any person 

 mentally affected or suffering from syphilis in its contagious stage. Further 

 they authorize the marriage of persons suffering from other kinds of con- 

 tagious venereal disease, from epilepsy or from leprosy, only if both parties 

 have been informed by a doctor of the danger incurred both as regards 

 themselves and their descendants. These marriage laws might be con- 

 sidered rather rigorous but it must be noted that only a personal certificate 

 is demanded and not examination. Personally I am of the opinion that a 

 pre-nuptial examination is powerless to reveal the existence of syphilis in 

 its latent stage and that it is embarrassing for women to submit to an ex- 

 amination from which, in certain countries, prostitutes are exempt. Not 

 advocating obligatory medical examination, yet desiring to safeguard 

 married people and their children we demand the registration by a doctor 

 of the declaration made by the contracting parties as to their state of health. 

 Given under oath, these declarations have the effect of awakening the con- 

 science as to sex responsibilities. Moreover, such declarations may in 

 special cases, afford definite data for the institution of legal proceedings 

 against persons who are knowingly guilty of spreading infection. Another 

 important fact must be noted: Scandinavian legislation frees the doctor 

 from professional secrecy in cases specified by the law. 



Both before and after the bill had passed the Parliaments in Sweden and 

 Norway and entered legislation, it was commented upon by biologists and 

 medical authorities from all parts of the world. 



Commentaries to the Norwegian Health Declaration Before Marriage 



Leonard Darwin: Voluntary health declarations before marriage by the parties 

 concerned would be of some value, whilst great benefits might accrue from a registration 

 system which enabled serious ancestral defects to be readily ascertained. 



G. deLapouge: Le certificat d'absence de tares contagieuses ou her^ditaires pour le 

 mariage met parait indispensable, sous la garantie de la responsabilite du medicin qui le 

 delivre, de maniere a eviter tout complaisance de sa part. 



E. Apert: Le certificat de bonne sante doit etre exige en vue du mariage. 



Anna van Herwerden: Allegemeine Personenregistrierung und die Resultate der 

 Familienforschungen, wie sie in jedem Kulturstaat unternommen werden miissen, konnen 

 in der Zukunf t durch arztliches Urteil und arztlichen Rat in Heiratsgelegenheiten erleicht- 

 ert werden und eventuelle gesetzliche Massregeln bestimmen helfen. 



Irving Fisher: Laws relating to marriage and divorce, for instance, infertility on 

 either side, or any other seriously dysgenic inheritable defect, should be made honourable 

 ground for divorce. 



