Section 2 Legitimacy of children of certain void marriages and civil partnerships.F14

Subject to the provisions of this section, the child of a void marriage F1or a void civil partnership, whether born before or after the commencement of this Act, shall be treated as the legitimate child of his parents if at the time of theF2 insemination resulting in the birth or, where there was no such insemination, the child's conception (or at the time of the celebration of the marriageF3, or the formation of the civil partnership, if later) both or either of the parties reasonably believed that the marriage F4or civil partnership was valid.

This section applies, and applies only, where F5—

Without prejudice to the generality of subsection (1), that subsection applies notwithstanding that the belief that the marriage F7or civil partnership was valid was due to a mistake of law.

In relation to a child F8of a void marriage born after the commencement of paragraph 14 of Schedule 9 to the Children (Northern Ireland) Order 1995, F9or a child of a void civil partnership (whenever born), it shall be presumed for the purposes of subsection (1), unless the contrary is shown, that one of the parties to the void marriage F10or civil partnership reasonably believed at the time of the insemination resulting in the birth or, where there was no such insemination, the child's conception (or at the time of the celebration of the marriageF11, or the formation of the civil partnership, if later) that the marriage F12or civil partnership was valid.

This section does not affect—

Where a void marriage results from the purported conversion of a void civil partnership, references in subsections (1) and (2B) to the time of the celebration of the marriage are to be read as references to the time of the formation of the civil partnership; and where a void civil partnership results from the purported conversion of a void marriage, references in subsections (1) and (2B) to the time of the formation of the civil partnership are to be read as references to the time of the celebration of the marriage.

In this section the following expressions have the meanings hereby assigned to them, that is to say—

• “void marriage” means a marriage, not being voidable only, in respect of which the High Court has or had jurisdiction to grant a decree of nullity, or would have or would have had such jurisdiction if the parties were domiciled in Northern Ireland;

• “disposition” has the same meaning as in the Legitimacy Act (Northern Ireland), 1928 1928 c.5.