The Children (Northern Ireland) Order 1995

Parents not being married to each other to have no effect in law on relationships N.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 each other at the time of his birth include, and

(b) references to a person whose father and mother were not married to 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 of the Legitimacy Act (Northern Ireland) 1961F1 ;

(b) is a legitimated person within the meaning of Article 32 of the Matrimonial and Family Proceedings (Northern Ireland) Order 1989F2 ;

[F3 (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.

[F4 (4A) A child whose parents are parties to a void civil partnership shall, subject to paragraph (4B), be treated as falling within paragraph (3)(bb) if at the time when the parties registered as civil partners of each other both or either of the parties reasonably believed that the civil partnership was valid.

(4B) Paragraph (4A) applies only where the woman who is a parent by virtue of section 43 was domiciled in Northern Ireland at the time of the birth or, if she died before the birth, was so domiciled immediately before her death.

(4C) Paragraph (4A) applies even though the belief that the civil partnership was valid was due to a mistake as to law.

(4D) It shall be presumed for the purposes of paragraph (4A), unless the contrary is shown, that one of the parties to a void civil partnership reasonably believed at the time of the formation of the civil partnership that the civil partnership was valid.]

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

F1 1961 c. 5 (NI)

F2 1989 NI 4

F3 Art. 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)

F4 Art. 155(4A)-(4D) 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(3); S.I. 2009/479, art. 6(1)(e)(f)(2) (with transitional provisions in art.7, Sch. 1)