Legitimacy Act 1976

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1 Legitimacy of children of certain void marriages [F1and civil partnerships].E+W

(1)The child of a void marriage [F2or a void civil partnership], whenever born, shall, subject to subsection (2) below and Schedule 1 to this Act, be treated as the legitimate child of his parents if at the time of [F3the insemination resulting in the birth or, where there was no such insemination, the child’s conception](or at the time of the celebration of the marriage[F4, or the formation of the civil partnership,] if later) both or either of the parties reasonably believed that the marriage [F5or civil partnership] was valid.

[F6(2)This section only applies where—

(a)the father of the child was domiciled in England and Wales at the time of the birth, or if he died before the birth, was so domiciled immediately before his death, 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 England and Wales at the time of the birth, or if she died before the birth, was so domiciled immediately before her death.]

[F7(3)It is hereby declared for the avoidance of doubt that subsection (1) above applies notwithstanding that the belief that the marriage [F8or civil partnership] was valid was due to a mistake as to law.

(4)In relation to a child [F9of a void marriage] born after the coming into force of section 28 of the Family Law Reform Act 1987, [F10or a child of a void civil partnership (whenever born),] it shall be presumed for the purposes of subsection (1) above, unless the contrary is shown, that one of the parties to the void marriage [F11or civil partnership] reasonably believed at the time of the insemination resulting in the birth or, where there was no such insemination, the child’s conception (or at the time of the celebration of the marriage[F12, or the formation of the civil partnership,] if later) that the marriage [F13or civil partnership] was valid.]

[F14(5)Subsections (1) and (4) are to be read, in relation to the child of a void marriage which has resulted from the purported conversion of a civil partnership under section 9 of the Marriage (Same Sex Couples) Act 2013 and regulations made under that section, as if the reference to the time of the celebration of the marriage was a reference to the date of the purported conversion of the civil partnership into a marriage.]

Textual Amendments

F1Words in s. 1 heading inserted (2.12.2019) by The Civil Partnership (Opposite-sex Couples) Regulations 2019 (S.I. 2019/1458), regs. 1(2), 12(3)(a)

F2Words in s. 1(1) inserted (2.12.2019) by The Civil Partnership (Opposite-sex Couples) Regulations 2019 (S.I. 2019/1458), regs. 1(2), 12(3)(b)(i)

F3Words substituted by Family Law Reform Act 1987 (c. 42, SIF 49:7), ss. 28(1), 34(5)

F4Words in s. 1(1) inserted (2.12.2019) by The Civil Partnership (Opposite-sex Couples) Regulations 2019 (S.I. 2019/1458), regs. 1(2), 12(3)(b)(ii)

F5Words in s. 1(1) inserted (2.12.2019) by The Civil Partnership (Opposite-sex Couples) Regulations 2019 (S.I. 2019/1458), regs. 1(2), 12(3)(b)(iii)

F6S. 1(2) substituted (13.3.2014) by The Marriage (Same Sex Couples) Act 2013 (Consequential and Contrary Provisions and Scotland) Order 2014 (S.I. 2014/560), art. 1(2), Sch. 1 para. 15(2)

F7S. 1(3)(4) added by Family Law Reform Act 1987 (c. 42, SIF 49:7), ss. 28(2), 34(5)

F8Words in s. 1(3) inserted (2.12.2019) by The Civil Partnership (Opposite-sex Couples) Regulations 2019 (S.I. 2019/1458), regs. 1(2), 12(3)(c)

F9Words in s. 1(4) inserted (2.12.2019) by The Civil Partnership (Opposite-sex Couples) Regulations 2019 (S.I. 2019/1458), regs. 1(2), 12(3)(d)(i)

F10Words in s. 1(4) inserted (2.12.2019) by The Civil Partnership (Opposite-sex Couples) Regulations 2019 (S.I. 2019/1458), regs. 1(2), 12(3)(d)(ii)

F11Words in s. 1(4) inserted (2.12.2019) by The Civil Partnership (Opposite-sex Couples) Regulations 2019 (S.I. 2019/1458), regs. 1(2), 12(3)(d)(iii)