The Civil Partnership (Opposite-sex Couples) Regulations 2019

Legitimacy of children of civil partners

12.—(1) The Legitimacy Act 1976(1) is amended as follows.

(2) Before section 1(2) insert—

“Legitimacy of children of civil partners

A1.— (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.

(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.”.

(3) In section 1—

(a) in the heading, “after “void marriages” insert “and civil partnerships”;

(b) in subsection (1)—

(i) after “void marriage” insert “or a void civil partnership”;

(ii) after “celebration of the marriage” insert “, or the formation of the civil partnership,”;

(iii) after “that the marriage” insert “or civil partnership”;

(c) in subsection (3), after “marriage” insert “or civil partnership”;

(d) in subsection (4)—

(i) after “a child” insert “of a void marriage”;

(ii) after “Family Law Reform Act 1987,” insert “or a child of a void civil partnership (whenever born),”;

(iii) after “void marriage” insert “or civil partnership”;

(iv) after “celebration of the marriage” insert “, or the formation of the civil partnership,”;

(v) after “that the marriage” insert “or civil partnership”.

(4) In section 2(3)—

(a) in the heading, after “marriage” insert “or civil partnership”;

(b) after “marry” insert “or become civil partners of”;

(c) after “marriage”, in the first place it occurs (after the heading), insert “or civil partnership”;

(d) after “date of marriage” insert “or the date of the formation of the civil partnership”;

(e) for “date of the marriage” substitute “that date”.

(5) In section 3(4), in subsection (1)—

(a) after “marry” insert “or become civil partners of”;

(b) after “marriage”, in each place it occurs, insert “or civil partnership”.

(6) In Schedule 1—

(a) in paragraph 4, after sub-paragraph (3) insert—

“(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.”;

(b) after paragraph 5 insert—

“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.”.

(1)

1976 c. 31.

(2)

Section 1 was amended by the Family Law Reform Act 1987 (c. 42), sections 28 and 34; and S.I. 2014/560, 3168.

(3)

Section 2 was amended by S.I. 2014/560.

(4)

Section 3 was amended by the Human Fertilisation and Embryology Act 2008 (c. 22), Schedule 6, paragraph 17 and S.I. 2014/560.