The Marriage (Same-sex Couples) and Civil Partnership (Opposite-sex Couples) (Northern Ireland) Regulations 2019 No. 1514

PART 4 N.I. Amendments: Children and Families

Legitimacy N.I.

24.—(1) Section 2 of the Legitimacy Act (Northern Ireland) 1961(1) (legitimacy of children of certain void marriages) is amended as follows.

(2) In the heading, after “void marriages” insert “and civil partnerships”.

(3) In subsection (1)—

(a) after “void marriage” insert “or a void civil partnership”,

(b) after “celebration of the marriage” insert “, or the formation of the civil partnership,”, and

(c) after “that the marriage” insert “or civil partnership”.

(4) In subsection (2)—

(a) after “where” insert—

“—

(a)”, and

(b) after “death” insert—

“, or

(b) if a woman is treated as the female parent of a child by virtue of section 42 or 43 of the Human Fertilisation and Embryology Act 2008, that female parent 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.”.

(5) In subsection (2A), after “marriage” insert “or civil partnership”.

(6) In subsection (2B)—

(a) after “child” insert “of a void marriage”,

(b) after “Children (Northern Ireland) Order 1995,” insert “or a child of a void civil partnership (whenever born),”,

(c) after “void marriage” insert “or civil partnership”,

(d) after “celebration of the marriage” insert “, or the formation of the civil partnership,”, and

(e) after “that the marriage” insert “or civil partnership”.

Commencement Information

I1 Reg. 24 in force at 13.1.2020, see reg. 1(2)

I2 Reg. 23 in force at 13.1.2020, see reg. 1(2)

(1)

1961 c.5 (N.I.); section 2 was amended by paragraph 14 of Schedule 9 to the Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I. 2)).