PART 4Parenthood
Legitimacy of children of civil partners
12
1
The Legitimacy Act 197619 is amended as follows.
2
Before section 120 insert—
Legitimacy of children of civil partnersA1
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 221—
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 322, 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.
13
1
The Family Law Reform Act 198723 is amended as follows.
2
In section 124—
a
in subsection (2), in paragraphs (a) and (b), after “married to” insert “, or civil partners of,”;
b
after subsection (4) insert—
4A
Subsection (4B) applies to a person—
a
who was born before the date on which the Civil Partnership (Opposite-sex Couples) Regulations 2019 came into force;
b
whose parents formed a civil partnership before that date; and
c
who does not fall within subsection (3)(ba) or (bb).
4B
A reference falling within subsection (2)(a) or (b) above does not include or (as the case may be) exclude the person by virtue of that civil partnership.
c
omit subsections (5) to (8).
3
In section 18, in subsection (2), after “married to” insert “, or civil partners of,”.
4
In section 21, in subsection (1)(a), after “married to” insert “, or civil partners of,”.
14
1
In section 50 of the Human Fertilisation and Embryology Act 200825, omit subsection (2).
2
The repeal of that subsection does not affect the status of any person born before the date on which these Regulations come into force who was treated as legitimate by virtue of that subsection (but is not so treated by virtue of section 1 of the Legitimacy Act 1976 as amended by these Regulations).
Parental responsibility of civil partners15
1
The Children Act 198926 is amended as follows.
2
In section 227, in subsections (1), (2) and (3), after “married to” insert “, or civil partners of,”.
3
In section 4, in subsection (1), in the words before paragraph (a)28, after “married to” insert “, or civil partners of,”.
4
In section 105, in subsection (2), after “married to” insert “, or civil partners of,”.
Parental status of civil partners in cases of assisted reproduction16
1
The Human Fertilisation and Embryology Act 2008 is amended as follows.
2
In section 3529—
a
in the heading, after “married to” insert “, or civil partner of,”;
b
in subsection (1)—
i
in paragraph (a), after “marriage with a man” insert “or a civil partnership with a man”;
ii
in paragraph (b) and in the words after that paragraph, after “marriage” insert “or civil partnership”.
3
In section 38(2)—
a
after “common law” insert “or section A1(2) of the Legitimacy Act 197630”;
b
after “marriage” insert “or civil partnership”.
4
In section 4031—
a
in the heading, for “husband etc” substitute “male spouse, civil partner or intended parent”;
b
in subsection (1)—
i
in paragraph (b), after “marriage with a man” insert “or a civil partnership with a man”;
ii
in paragraphs (c), (d) and (e), after “marriage” insert “or civil partnership”.
5
In section 42(1)32, after “a civil partnership” insert “with another woman”.
6
In section 45(2)—
a
after “common law” insert “or section A1(2) of the Legitimacy Act 1976”;
b
after “marriage” insert “or civil partnership”.
7
In section 4633—
a
in the heading, for “civil partner or wife or intended female parent” substitute “female spouse, civil partner or intended parent”;
b
in subsection (1)(b), for “or marriage with another woman” substitute “with a woman or a marriage with a woman”.
8
In section 48(6)(b), after “party to a” insert “marriage or”.
Registration of birth of children of civil partners
17
1
The Births and Deaths Registration Act 195334 is amended as follows.
2
In section 1035—
a
in the heading, omit “where parents not married”, in the first place it occurs;
b
in subsection (1), in the words before paragraph (a), after “married to” insert “, or civil partners of,”;
c
in subsection (2), in the words before paragraph (a), after “married to” insert “, or civil partners of,”;
d
in subsection (3), after “married to” insert “, or civil partners of,”.
3
In section 10A36, in subsection (1), in the words before paragraph (a), after “married to” insert “, or civil partners of,”.
18
1
The Registration of Births and Deaths Regulations 198737are amended as follows.
2
In regulation 9, in paragraph (7)38—
a
omit sub-paragraph (a) (including the final “or”);
b
in sub-paragraph (b), after “with, the” insert “father or”.
3
In the heading of Part 4, after “married to” insert “, or civil partners of,”.
4
In regulation 19, in paragraph (b)(ii)39—
a
omit “her marriage to the father, or”;
b
after “with, the” insert “father or”.
19
1
Schedule 6 to the Welfare Reform Act 200940 (which makes amendments in relation to the registration of births that are not yet in force) is amended as follows.
2
In paragraph 241—
a
in sub-paragraph (2), in the substituted paragraph (aa)—
i
in sub-paragraph (i), after “married to” insert “, or civil partners of,”;
ii
in sub-paragraph (ii), omit “where parents not married”;
b
in sub-paragraph (4), in the inserted subsection (4), after “married to”, in both places it occurs, insert “, or civil partners of,”.
3
In paragraph 3—
a
in sub-paragraph (2), after “married to” insert “, or civil partners of,”;
b
in sub-paragraph (4), after “married” insert “or civil partners”.
4
In paragraph 4—
a
in the inserted section 2A—
i
in the heading, after “married” insert “or civil partners”;
ii
in subsection (1), in the words before paragraph (a), after “married to” insert “, or civil partners of,”;
b
in the inserted section 2B—
i
in the heading, for “unmarried mother” substitute “mother not married or a civil partner”;
ii
in subsection (1), after “married” insert “or civil partners”;
c
in the inserted section 2D—
i
in subsection (1), in the words before paragraph (a), after “married to” insert “, or civil partners of,”;
ii
in subsection (3), after “married to” insert “, or civil partners of,”.
5
In paragraph 10, in sub-paragraph (2), in the inserted subsection (3A), for “unmarried mother” substitute “mother not married or a civil partner”.
6
In paragraph 11—
a
in sub-paragraph (1)—
i
omit “where parents not married”;
ii
after “parents not” (in the remaining place it occurs) insert “married or”;
b
in sub-paragraph (2)(a), after “married to” insert “, or civil partners of,”.
7
In paragraph 13—
a
in the inserted section 10B, in subsection (2)(a), after “married to” insert “, or civil partners of,”;
b
in the inserted section 10C, in subsection (2)(a), after “married to” insert “, or civil partners of,”.
8
In paragraph 19, in the inserted subsection (1A), for “unmarried mother” substitute “mother not married or a civil partner”.
20
In section 5 of the Registration of Births, Deaths and Marriages Act (Special Provisions) Act 195742—
a
in subsection (1), in the words after paragraph (b) (but before the proviso), after “subsequent marriage” insert “or civil partnership”;
b
in subsection (2), after “marriage”, in both places it occurs, insert “or formation of the civil partnership”;
c
omit subsection (3)(b).
21
In article 3A of the Service Departments Registers Order 195943—
a
in paragraph (1), in the words before sub-paragraph (a), after “married to” insert “, or civil partners of,”;
b
in paragraph (3), in the words before sub-paragraph (a), after “married to” insert “, or civil partners of,”.
c
in paragraph (4), after “married to” insert “, or civil partners of,”;
Status of male civil partners as fathers for purposes of nationality law22
In section 50(9A)(a) of the British Nationality Act 198144, after “husband” insert “or male civil partner”.