The Civil Partnership (Opposite-sex Couples) Regulations 2019

Legitimacy of children of civil partners E+W

12.—(1) The Legitimacy Act 1976(1) is amended as follows.

(2) Before section 1(2) insert—

“Legitimacy of children of civil partners

A1.— (1) A child is legitimate by virtue of a civil partnership between the natural parents of the child if, had the civil partnership been a marriage (and all other circumstances were the same), the child would have been legitimate at common law by virtue of the marriage.

(2) The presumption of common law that a child born to a woman during her marriage to a man is also the natural child of her spouse applies equally in relation to a child born to a woman during her civil partnership with a man.”.

(3) In section 1—

(a) in the heading, “after “void marriages” insert “and civil partnerships”;

(b) in subsection (1)—

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

(ii) after “celebration of the marriage” insert “, or the formation of the civil partnership,”;

(iii) after “that the marriage” insert “or civil partnership”;

(c) in subsection (3), after “marriage” insert “or civil partnership”;

(d) in subsection (4)—

(i) after “a child” insert “of a void marriage”;

(ii) after “Family Law Reform Act 1987,” insert “or a child of a void civil partnership (whenever born),”;

(iii) after “void marriage” insert “or civil partnership”;

(iv) after “celebration of the marriage” insert “, or the formation of the civil partnership,”;

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

(4) In section 2(3)—

(a) in the heading, after “marriage” insert “or civil partnership”;

(b) after “marry” insert “or become civil partners of”;

(c) after “marriage”, in the first place it occurs (after the heading), insert “or civil partnership”;

(d) after “date of marriage” insert “or the date of the formation of the civil partnership”;

(e) for “date of the marriage” substitute “that date”.

(5) In section 3(4), in subsection (1)—

(a) after “marry” insert “or become civil partners of”;

(b) after “marriage”, in each place it occurs, insert “or civil partnership”.

(6) In Schedule 1—

(a) in paragraph 4, after sub-paragraph (3) insert—

“(4) Section 1 does not affect any matter referred to in sub-paragraph (2) or (3) so far as it applies to a child of a void civil partnership.”;

(b) after paragraph 5 insert—

“5A.   Nothing in this Act, except for section 2A, legitimates a person born before the date on which the Civil Partnership (Opposite-sex Couples) Regulations 2019 came into force by virtue of a civil partnership formed by the person’s parents before that date.”.

Commencement Information

I1 Reg. 12 in force at 2.12.2019, see reg. 1(2)

(1)

1976 c. 31.

(2)

Section 1 was amended by the Family Law Reform Act 1987 (c. 42), sections 28 and 34; and S.I. 2014/560, 3168.

(3)

Section 2 was amended by S.I. 2014/560.

(4)

Section 3 was amended by the Human Fertilisation and Embryology Act 2008 (c. 22), Schedule 6, paragraph 17 and S.I. 2014/560.