Family Law Reform Act 1987

Part I E+W General Principle

1 General principle. E+W

(1) In this Act and enactments passed and instruments made after the coming into force of this section, references (however expressed) to any relationship between two persons shall, unless the contrary intention appears, 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 Act and enactments passed after the coming into force of this section, unless the contrary intention appears—

(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 subsection (3) below applies, and cognate references shall be construed accordingly.

(3) This subsection applies to any person who—

(a) is treated as legitimate by virtue of section 1 of the M1 Legitimacy Act 1976;

(b) is a legitimated person within the meaning of section 10 of that Act;

(c) is an adopted child within the meaning of Part IV of the M2 Adoption Act 1976; or

(d) is otherwise treated in law as legitimate.

(4) For the purpose of construing references falling within subsection (2) above, 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.

Modifications etc. (not altering text)

C1 S. 1 applied (14.10.1991) by Children Act 1989 (c. 41, SIF 20), ss. 105(2), 108 (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2)

C2 S. 1 excluded by Income and Corporation Taxes Act 1988 (c. 1, SIF 63:1), s. 831(4)

C3 S. 1 applied (01.07.1992) by Social Security Administration Act 1992 (c.5), ss. 78(7)(8), 192(4).

C4 S. 1 applied (30.9.1998) by 1933 c. 12, s. 55(6) (as added (30.9.1998) by 1998 c. 37, s. 106, Sch. 7 para. 1(3)); S.I. 1998/2327, art. 2(1)(w)

S. 1 applied (30.9.1998) by 1969 c. 54, s. 7(9) (as added (30.9.1998) by 1998 c. 37, s. 106, Sch. 7 para. 3); S.I. 1998/2327, art. 2(1)(w)

S. 1 applied (30.9.1998) by 1969 c. 54, s. 70(1B) (as substituted (30.9.1998) by 1998 c. 37, s. 106, Sch. 7 para. 10); S.I. 1998/2327, art. 2(1)(w)

S. 1 applied (30.9.1998) by 1973 c. 62, s. 46(3) (as added (30.9.1998) by 1998 c. 37, s. 106, Sch. 7 para. 25); S.I. 1998/2327, art. 2(1)(w)

C5 S. 1 excluded (6.4.2003 with effect in accordance with s. 723(1)(a)(b)) by Income Tax (Earnings and Pensions) Act 2003 (c. 1), ss. 721(6)(a), 723 (with Sch. 7)

Marginal Citations

M1 1976 c. 31.

M2 1976 c. 36.