Section 38 Further provision relating to sections 35 and 36

Where a person is to be treated as the father of the child by virtue of section 35 or 36, no other person is to be treated as the father of the child.

In England and Wales and Northern Ireland, sections 35 and 36 do not affect any presumption, applying by virtue of the rules of common law F1or section A1(2) of the Legitimacy Act 1976 F2or section 2(1)(a) of the Family Law Act (Northern Ireland) 2001, that a child is the legitimate child of the parties to a marriage F3or civil partnership.

In Scotland, sections 35 and 36 do not apply in relation to any child who, by virtue of any enactment or other rule of law, is treated as the child of the parties to a marriage F4or civil partnership.

Sections 35 and 36 do not apply to any child to the extent that the child is treated by virtue of adoption as not being the man's child.