Section 1 Legitimation by subsequent marriage or civil partnership of parents.F9
Northern Ireland
Subject to the provisions of this section, where the F1mother and father of an illegitimate person marry or have married one another, whether before or after the commencement of this Act, the marriage shall, if the father of the illegitimate person was or is at the date of the marriage domiciled in Northern Ireland, render that person, if living, legitimate from the commencement of this Act, or from the date of the marriage, whichever last happens.
Where—
the mother and father of an illegitimate person become civil partners of one another on or after 13th January 2020, and
the father of the illegitimate person is, at the date of the formation of the civil partnership, domiciled in Northern Ireland,
the civil partnership renders that person, if living (and whether born before, on or after 13th January 2020), legitimate from the date of the formation of the civil partnership.
Subject to subsection (3), where—
a person (“the child”) has a parent (“the female parent”) by virtue of section 43 of the Human Fertilisation and Embryology Act 2008 (treatment provided to woman who agrees that second woman to be parent);
at the time of the child's birth, the female parent and the child's mother are F4neither married nor civil partners of each other;
the female parent and the child's mother subsequently F5marry or enter into a civil partnership; and
the female parent is at the date of F6the marriage or the formation of the civil partnership domiciled in Northern Ireland,
the civil partnership F7the marriage or shall render the child, if living, legitimate from the date of F8the marriage or the formation of the civil partnership.
Subs. (2) rep. by 1961 c. 5 (NI)
The legitimation of a person under this Act does not enable him or his spouse, children or remoter issue to take any interest in real or personal property save as is hereinafter in this Act expressly provided.
Subs. (4) rep. by SLR 1976
Annotations
Textual amendments
- F1
Words in s. 1(1) substituted (13.1.2020) by The Marriage (Same-sex Couples) and Civil Partnership (Opposite-sex Couples) (Northern Ireland) Regulations 2019 (S.I. 2019/1514), regs. 1(2), 23(3)(a) (with regs. 6-9)
- F2
S. 1(1ZA) inserted (13.1.2020) by The Marriage (Same-sex Couples) and Civil Partnership (Opposite-sex Couples) (Northern Ireland) Regulations 2019 (S.I. 2019/1514), regs. 1(2), 23(3)(b) (with regs. 6-9)
- F3
S. 1(1A) inserted (6.4.2009) by Human Fertilisation and Embryology Act 2008 (c. 22), ss. 56, 68(2), Sch. 6 para. 57(3); S.I. 2009/479, art. 6(d)(f) (with art. 7, Sch. 1)
- F4
Words in s. 1(1A)(b) substituted (13.1.2020) by The Marriage (Same-sex Couples) and Civil Partnership (Opposite-sex Couples) (Northern Ireland) Regulations 2019 (S.I. 2019/1514), regs. 1(2), 23(3)(c)(i) (with regs. 6-9)
- F5
Words in s. 1(1A)(c) inserted (13.1.2020) by The Marriage (Same-sex Couples) and Civil Partnership (Opposite-sex Couples) (Northern Ireland) Regulations 2019 (S.I. 2019/1514), regs. 1(2), 23(3)(c)(ii) (with regs. 6-9)
- F6
Words in s. 1(1A)(d) inserted (13.1.2020) by The Marriage (Same-sex Couples) and Civil Partnership (Opposite-sex Couples) (Northern Ireland) Regulations 2019 (S.I. 2019/1514), regs. 1(2), 23(3)(c)(iii) (with regs. 6-9)
- F7
Words in s. 1(1A) inserted (13.1.2020) by The Marriage (Same-sex Couples) and Civil Partnership (Opposite-sex Couples) (Northern Ireland) Regulations 2019 (S.I. 2019/1514), regs. 1(2), 23(3)(c)(iv) (with regs. 6-9)
- F8
Words in s. 1(1A) inserted (13.1.2020) by The Marriage (Same-sex Couples) and Civil Partnership (Opposite-sex Couples) (Northern Ireland) Regulations 2019 (S.I. 2019/1514), regs. 1(2), 23(3)(c)(v) (with regs. 6-9)
- F9
S. 1: words in heading inserted (6.4.2009) by Human Fertilisation and Embryology Act 2008 (c. 22), ss. 56, 68(2), Sch. 6 para. 57(2); S.I. 2009/479, art. 6(d)(f) (with art. 7, Sch. 1)