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The Children (Northern Ireland) Order 1995

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Changes over time for: Section 155

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The Children (Northern Ireland) Order 1995, Section 155 is up to date with all changes known to be in force on or before 31 July 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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Parents not being married to [F1, or civil partners of,] each other to have no effect in law on relationshipsN.I.

155.—(1) In this Order and in any statutory provision or any instrument passed or made after the commencement of this Article, references (however expressed) to any relationship between two persons shall be construed without regard to whether or not the father and mother of either of them or the father and mother of any person through whom the relationship is deduced, have or had been married to each other at any time.

(2) In this Order and in any statutory provision passed or made after the commencement of this Article—

(a)references to a person whose father and mother were married to [F2, or civil partners of,] each other at the time of his birth include, and

(b)references to a person whose father and mother were not married to [F2, or civil partners of,] each other at the time of his birth do not include,

references to any person to whom paragraph (3) applies.

(3) This paragraph applies to any person who—

(a)is treated as legitimate by virtue of section 1 [F3or 2] of the Legitimacy Act (Northern Ireland) 1961F4;

(b)is a legitimated person within the meaning of Article 32 of the Matrimonial and Family Proceedings (Northern Ireland) Order 1989F5;

[F6(ba)has a parent by virtue of section 42 of the Human Fertilisation and Embryology Act 2008 (which relates to treatment provided to a woman who is at the time of treatment a party to a civil partnership or, in certain circumstances, a void civil partnership);

(bb)has a parent by virtue of section 43 of that Act (which relates to treatment provided to woman who agrees that second woman to be parent) who—

(i)is the civil partner of the child's mother at the time of the child's birth, or

(ii)was the civil partner of the child's mother at any time during the period beginning with the time mentioned in section 43(b) of that Act and ending with the child's birth;]

(c)is an adopted child within the meaning of Part V of the Adoption Order; or

(d)is otherwise treated in law as legitimate.

(4) For the purpose of construing references falling within paragraph (2), the time of a person's birth shall be taken to include any time during the period beginning with—

(a)the insemination resulting in his birth; or

(b)where there was no such insemination, his conception,

and (in either case) ending with his birth.

F7(4A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F7(4B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F7(4C) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F7(4D) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F8(4E) Paragraph (4F) applies to a person—

(a)who was born before 13th January 2020,

(b)whose parents had formed a civil partnership before that date, and

(c)who does not fall within paragraph (3)(ba) or (bb).

(4F) A reference falling within paragraph (2)(a) or (b) does not include or (as the case may be) exclude the person by virtue of that civil partnership.]

(5) Paragraphs (1) and (2) have effect subject to any contrary intention.

F6Art. 155(3)(ba)(bb) inserted (6.4.2009 for certain purposes otherwise 1.9.2009) by Human Fertilisation and Embryology Act 2008 (c. 22), ss. 56, 68(2), Sch. 6 para. 75(2); S.I. 2009/479, art. 6(1)(e)(f)(2) (with transitional provisions in art.7, Sch. 1)

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