{
  "url": "https://openlegislation.uk/draft-civil-partnership-opposite-sex-couples-regulations-2019/regulation-12",
  "json_url": "https://openlegislation.uk/draft-civil-partnership-opposite-sex-couples-regulations-2019/regulation-12.json",
  "legislation": "ukdsi/2019/9780111190784",
  "legislation_title": "The Civil Partnership (Opposite-sex Couples) Regulations 2019",
  "legislation_url": "https://openlegislation.uk/draft-civil-partnership-opposite-sex-couples-regulations-2019",
  "path": "regulation/12",
  "kind": "regulation",
  "number": "12",
  "heading": "Legitimacy of children of civil partners",
  "text": "(1) The Legitimacy Act 1976 is amended as follows.\n(2) Before section 1 insert—\n“Legitimacy of children of civil partners\nA1. (1) A child is legitimate by virtue of a civil partnership between the natural parents of the child if, had the civil partnership been a marriage (and all other circumstances were the same), the child would have been legitimate at common law by virtue of the marriage.\n(2) The presumption of common law that a child born to a woman during her marriage to a man is also the natural child of her spouse applies equally in relation to a child born to a woman during her civil partnership with a man.”.\n(3) In section 1—\n(a) in the heading, “after “void marriages” insert “and civil partnerships”;\n(b) in subsection (1)—\n(i) after “void marriage” insert “or a void civil partnership”;\n(ii) after “celebration of the marriage” insert “, or the formation of the civil partnership,”;\n(iii) after “that the marriage” insert “or civil partnership”;\n(c) in subsection (3), after “marriage” insert “or civil partnership”;\n(d) in subsection (4)—\n(i) after “a child” insert “of a void marriage”;\n(ii) after “Family Law Reform Act 1987,” insert “or a child of a void civil partnership (whenever born),”;\n(iii) after “void marriage” insert “or civil partnership”;\n(iv) after “celebration of the marriage” insert “, or the formation of the civil partnership,”;\n(v) after “that the marriage” insert “or civil partnership”.\n(4) In section 2—\n(a) in the heading, after “marriage” insert “or civil partnership”;\n(b) after “marry” insert “or become civil partners of”;\n(c) after “marriage”, in the first place it occurs (after the heading), insert “or civil partnership”;\n(d) after “date of marriage” insert “or the date of the formation of the civil partnership”;\n(e) for “date of the marriage” substitute “that date”.\n(5) In section 3, in subsection (1)—\n(a) after “marry” insert “or become civil partners of”;\n(b) after “marriage”, in each place it occurs, insert “or civil partnership”.\n(6) In Schedule 1—\n(a) in paragraph 4, after sub-paragraph (3) insert—\n“(4) Section 1 does not affect any matter referred to in sub-paragraph (2) or (3) so far as it applies to a child of a void civil partnership.”;\n(b) after paragraph 5 insert—\n“5A. Nothing in this Act, except for section 2A, legitimates a person born before the date on which the Civil Partnership (Opposite-sex Couples) Regulations 2019 came into force by virtue of a civil partnership formed by the person’s parents before that date.”.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "1976 c. 31."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "Section 1 was amended by the Family Law Reform Act 1987 (c. 42), sections 28 and 34; and S.I. 2014/560, 3168."
    },
    {
      "type": "footnote",
      "label": "f3",
      "text": "Section 2 was amended by S.I. 2014/560."
    },
    {
      "type": "footnote",
      "label": "f4",
      "text": "Section 3 was amended by the Human Fertilisation and Embryology Act 2008 (c. 22), Schedule 6, paragraph 17 and S.I. 2014/560."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukdsi/2019/9780111190784/regulation/12",
    "retrieved_at": "2026-10-30T14:59:17.448930+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}