OpenLegislation

Section 14 Re–registration of births of legitimated persons.C2C1

England and Wales

(1)

Where, in the case of any person whose birth has been registered in England or Wales, evidence is produced to the Registrar General which appears to him to be satisfactory that that person has become a legitimated person F1... the Registrar General may authorise at any time the re–registration of that person’s birth, and the re–registration shall be effected in such manner and at such place as may be prescribed:

Provided that, except where—

(a)

the name of a person F2stating himself to be the father of the legitimated person F3, or herself to be a parent of the legitimated person by virtue of section 43 of the Human Fertilisation and Embryology Act 2008, has been entered in the register in pursuance of section ten F4or 10A of this Act; or

(b)

the paternity of the legitimated person F5(or, as the case may be, the parentage of the legitimated person by virtue of section 43 of that Act), has been established F6... by a decree of a court of competent jurisdiction; or

(c)

a declaration of the legitimacy of the legitimated person has been made under F7section 45 of the M1Matrimonial Causes Act 1973 F8or section 56 of the Family Law Reform Act 1987,

the Registrar General shall not authorise the re–registration unless information with a view to obtaining it is furnished by both parents.

(2)

Where the Registrar General believes any person to have become a legitimated person ... on the marriage of his parents F9or on their becoming civil partners of each other, and the parents or either of them fail to furnish within a period of three months from the date of the marriage F10or of the formation of the civil partnership such information, if any, as may be necessary to enable the Registrar General to authorise the re–registration of that person’s birth, the Registrar General may at any time after the expiration of the said period require the parents or either of them to give him such information concerning the matter as he may consider necessary, verified in such manner as he may direct, and for that purpose to attend personally either at a registrar’s office or at any other place appointed by him within such time, not being less than seven days after the receipt of the notice, as may be specified in the notice.

F11(3)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)

This section shall apply with the prescribed modifications in relation to births at sea of which a return is sent to the Registrar General.

F12(5)

This section shall apply and be deemed always to have applied in relation to all persons recognised by the law of England and Wales as having been legitimated by the subsequent marriage of their parents whether or not their legitimation or the recognition thereof was effected under any enactment.

Annotations

Textual amendments

F1

Words repealed by Legitimation (Re–registration of Birth) Act 1957 (c. 39), s. 1(2)

F2

Words substituted by Family Law Reform Act 1987 (c. 42, SIF 49:7), s. 33(1), Sch. 2 para. 16(a)

F3

Words in s. 14(1) inserted (6.4.2009 for specified purposes, 1.9.2009 in so far as not already in force) by Human Fertilisation and Embryology Act 2008 (c. 22), s. 68(2), Sch. 6 para. 9(2)(a); S.I. 2009/479, art. 6(1)(e)(2) (with art. 7, Sch.)

F4

Words inserted by Children Act 1975 (c. 72), Sch. 3 para. 13(3)

F5

Words in s. 14(1) inserted (6.4.2009 for specified purposes, 1.9.2009 in so far as not already in force) by Human Fertilisation and Embryology Act 2008 (c. 22), s. 68(2), Sch. 6 para. 9(2)(b); S.I. 2009/479, art. 6(1)(e)(2) (with art. 7, Sch.)

F6

Words repealed by Family Law Reform Act 1987 (c. 42, SIF 49:7), s. 33(1),Sch. 2 para. 16(b)

F7

Words substituted by virtue of Matrimonial Causes Act 1973 (c. 18), Sch. 1 para. 1(b)

F8

Words added by Family Law Reform Act 1987 (c. 42, SIF 49:7), s. 33(1), Sch. 2 para. 16(c)

F9

Words in s. 14(2) inserted (6.4.2009 for specified purposes, 1.9.2009 in so far as not already in force) by Human Fertilisation and Embryology Act 2008 (c. 22), s. 68(2), Sch. 6 para. 9(3)(a); S.I. 2009/479, art. 6(1)(e)(2) (with art. 7, Sch.)

F10

Words in s. 14(2) inserted (6.4.2009 for specified purposes, 1.9.2009 in so far as not already in force) by Human Fertilisation and Embryology Act 2008 (c. 22), s. 68(2), Sch. 6 para. 9(3)(b); S.I. 2009/479, art. 6(1)(e)(2) (with art. 7, Sch.)

F11

Ss. 6(3), 7(2), 14(3), 21(2) repealed by S.I. 1968/1242, Sch. 2

F12

S. 14(5) added by Legitimacy Act 1976 (c. 31), Sch. 1 para. 6

Marginal citations

M1

1973 c. 18.

Modifications

C1

S. 14 applied (with modifications) (4.4.2005) by Gender Recognition Act 2004 (c. 7), s. 26, Sch. 3 para. 7(3); S.I. 2005/54, art. 2

C2

S. 14 extended by Legitimation (Re–registration of Birth) Act 1957 (c. 39), s. 1(1), amended by Adoption Act 1958 (7 & 8 Eliz. 2 c. 5), s. 27 and Adoption Act 1964 (c. 57), s. 3(4): amended by Adoption Act 1968 (c. 53), s. 8(4) and Adoption Act 1976 (c. 36), s. 74(2), Sch. 1