PART 4Parenthood
Legitimacy of children of civil partners12
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.