Abolition of status of illegitimacy
I121Abolition of status of illegitimacy
1
The Law Reform (Parent and Child) (Scotland) Act 1986 (c. 9) shall be amended in accordance with subsections (2) to (4).
2
In section 1 (legal equality of children)—
a
for subsection (1) there shall be substituted—
1
No person whose status is governed by Scots law shall be illegitimate; and accordingly the fact that a person's parents are not or have not been married to each other shall be left out of account in—
a
determining the person's legal status; or
b
establishing the legal relationship between the person and any other person.
b
in subsection (4), in paragraph (a), for the words from “this”, where it first occurs, to the end of that paragraph there shall be substituted “
section 21 of the Family Law (Scotland) Act 2006 (asp 2)
”
; and
c
after that subsection there shall be added—
5
In subsection (4), “enactment” includes an Act of the Scottish Parliament.
6
It shall no longer be competent to bring an action for declarator of legitimacy, legitimation or illegitimacy.
3
The title of section 1 shall become “
Abolition of status of illegitimacy
”
.
4
In subsection (1) of section 9 (savings and supplementary provisions)—
a
in paragraph (c), at the end, there shall be inserted “
(including, in particular, the competence of bringing an action of declarator of legitimacy, legitimation or illegitimacy in connection with such succession or devolution)
”
; and
b
after that paragraph, there shall be inserted—
ca
affect the functions of the Lord Lyon King of Arms so far as relating to the granting of arms;