Part IE+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 [F1, or civil partners of,] each other at the time of his birth include; and

(b)references to a person whose father and mother were not married to [F2, or civil partners of,] 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 M1Legitimacy Act 1976;

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

[F3(ba)has a parent by virtue of section 42 of the Human Fertilisation and Embryology Act 2008 (which relates to treatment provided to a woman who is at the time of treatment [F4married to a woman or] a party to a civil partnership or, in certain circumstances, a void [F5marriage or] civil partnership);

(bb)has a parent by virtue of section 43 of that Act (which relates to treatment provided to woman who agrees that second woman to be parent) who—

(i)is [F6married to or] the civil partner of the child's mother at the time of the child's birth, or

(ii)was [F7married to or] the civil partner of the child's mother at any time during the period beginning with the time mentioned in section 43(b) of that Act and ending with the child's birth;]

[F8(c)is an adopted person within the meaning of Chapter 4 of Part 1 of the Adoption and Children Act 2002]

(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.

[F9(4A)Subsection (4B) applies to a person—

(a)who was born before the date on which the Civil Partnership (Opposite-sex Couples) Regulations 2019 came into force;

(b)whose parents formed a civil partnership before that date; and

(c)who does not fall within subsection (3)(ba) or (bb).

(4B)A reference falling within subsection (2)(a) or (b) above does not include or (as the case may be) exclude the person by virtue of that civil partnership.]

F10(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F10(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F10(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F10(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Modifications etc. (not altering text)

C4S. 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)

C5S. 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