Section 56 Declarations as to parentage, legitimacy or legitimation.F1

England and Wales

(1)

Any person may apply to F2the High Court or F3the family court for a declaration—

F4(a)

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

(b)

that he is the legitimate child of his parents.

(2)

Any person may apply to the High Court or F5the family court for one (or for one or, in the alternative, the other) of the following declarations, that is to say—

(a)

a declaration that he has become a legitimated person;

(b)

a declaration that he has not become a legitimated person.

(3)

A court shall have jurisdiction to entertain an application under this section if, and only if, the applicant—

(a)

is domiciled in England and Wales on the date of the application; or

(b)

has been habitually resident in England and Wales throughout the period of one year ending with that date.

(4)

Where a declaration is made C1by a courton an application under subsection (1) above, the prescribed officer of the court shall notify the Registrar General, in such a manner and within such period as may be prescribed, of the making of that declaration.

(5)

In this section “legitimated person” means a person legitimated or recognised as legitimated—

(a)

under section 2 F6, 2A or 3 of the Legitimacy Act M11976;

(b)

under section 1 or 8 of the Legitimacy Act M21926; or

(c)

by a legitimation (whether or not by virtue of the subsequent marriage of his parents) recognised by the law of England and Wales and effected under the law of another country.

Annotations

Textual amendments

F1: S. 56 substituted by Family Law Reform Act 1987 (c. 42, SIF 49:7), ss. 22, 34(5)
F2: Words in S. 56(1)(2) substituted (1.4.2001) by 2000 c. 19, s. 83, Sch. 8 para. 5(a) (with s. 83(6)); S.I. 2001/774, art. 2(b)(c)
F3: Words in s. 56(1) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 98(2); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
F4: S. 56(1)(a) repealed (1.4.2001) by 2000 c. 19, s. 85, Sch. 9 Pt. IX (with s. 83(6)); S.I. 2001/774, art. 2(d)
F5: Words in s. 56(2) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 98(3); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
F6: Word in s. 56(5)(a) 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. 23; S.I. 2009/479, art. 6(1)(e)(2) (with art. 7, Sch.)

Marginal citations

M1: 1976 c.31(49:7).
M2: 1926 c.60(49:7).

Modifications

C1: Words in S. 56(4) inserted (1.4.2001) by 2000 c. 19, s. 83, Sch. 8 para. 5(b) (with s. 83(6)); S.I. 2001/774, art. 2(b)(c)