Family Law Act 1986

[F1 56 Declarations as to parentage, legitimacy or legitimation. E+W

(1) Any person may apply to [F2 the High Court or [F3 the family court]] for a declaration—

F4 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) that he is the legitimate child of his parents.

(2) Any person may apply to [F2 the High Court or [F5 the family court]] for one (or for one or, in the alternative, the other) of the following declarations, that is to say—

(a) a declaration that he has become a legitimated person;

(b) a declaration that he has not become a legitimated person.

(3) A court shall have jurisdiction to entertain an application under this section if, and only if, the applicant—

(a) is domiciled in England and Wales on the date of the application; or

(b) has been habitually resident in England and Wales throughout the period of one year ending with that date.

(4) Where a declaration is made [by a court]on an application under subsection (1) above, the prescribed officer of the court shall notify the Registrar General, in such a manner and within such period as may be prescribed, of the making of that declaration.

(5) In this section “legitimated person” means a person legitimated or recognised as legitimated—

(a) under section 2 [F6 , 2A] or 3 of the Legitimacy Act M1 1976;

(b) under section 1 or 8 of the Legitimacy Act M2 1926; or

(c) by a legitimation (whether or not by virtue of the subsequent marriage of his parents) recognised by the law of England and Wales and effected under the law of another country.]

Textual Amendments

F1 S. 56 substituted by Family Law Reform Act 1987 (c. 42, SIF 49:7), ss. 22, 34(5)

F2 Words in S. 56(1)(2) substituted (1.4.2001) by 2000 c. 19, s. 83, Sch. 8 para. 5(a) (with s. 83(6)); S.I. 2001/774, art. 2(b)(c)

F3 Words in s. 56(1) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 98(2); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F4 S. 56(1)(a) repealed (1.4.2001) by 2000 c. 19, s. 85, Sch. 9 Pt. IX (with s. 83(6)); S.I. 2001/774, art. 2(d)

F5 Words in s. 56(2) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 98(3); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F6 Word in s. 56(5)(a) inserted (6.4.2009 for specified purposes, 1.9.2009 in so far as not already in force) by Human Fertilisation and Embryology Act 2008 (c. 22), s. 68(2), Sch. 6 para. 23; S.I. 2009/479, art. 6(1)(e)(2) (with art. 7, Sch.)

Modifications etc. (not altering text)

C1 Words in S. 56(4) inserted (1.4.2001) by 2000 c. 19, s. 83, Sch. 8 para. 5(b) (with s. 83(6)); S.I. 2001/774, art. 2(b)(c)

Marginal Citations

M1 1976 c.31(49:7).

M2 1926 c.60(49:7).