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The Civil Partnership (Opposite-sex Couples) Regulations 2019

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There are currently no known outstanding effects for the The Civil Partnership (Opposite-sex Couples) Regulations 2019, Section 12. Help about Changes to Legislation

Legitimacy of children of civil partnersE+W

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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..

Commencement Information

I1Reg. 12 in force at 2.12.2019, see reg. 1(2)

(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.

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