(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 M1Legitimacy Act 1976;
(b)is a legitimated person within the meaning of section 10 of that Act;
[F1(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 [F2married to a woman or] a party to a civil partnership or, in certain circumstances, a void [F3marriage 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 [F4married to or] the civil partner of the child's mother at the time of the child's birth, or
(ii)was [F5married 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;]
[F6(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.
[F7(5)A child whose parents are parties to a void civil partnership shall, subject to subsection (6), be treated as falling within subsection (3)(bb) if at the time when the parties registered as civil partners of each other both or either of the parties reasonably believed that the civil partnership was valid.
(6)Subsection (5) applies only where the woman who is a parent by virtue of section 43 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.
(7)Subsection (5) applies even though the belief that the civil partnership was valid was due to a mistake as to law.
(8)It shall be presumed for the purposes of subsection (5), unless the contrary is shown, that one of the parties to a void civil partnership reasonably believed at the time of the formation of the civil partnership that the civil partnership was valid.]
Textual Amendments
F1S. 1(3)(ba) - S. 1(3)(bb) inserted (6.4.2009) by Human Fertilisation and Embryology Act 2008 (c. 22), s. 68(2), Sch. 6 para. 24(2); S.I. 2009/479, art. 6(1)(d) (with art. 7 Sch.)
F2Words in s. 1(3)(ba) inserted (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. 19(a)(i)
F3Words in s. 1(3)(ba) inserted (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. 19(a)(ii)
F4Words in s. 1(3)(bb)(i) inserted (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. 19(b)
F5Words in s. 1(3)(bb)(ii) inserted (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. 19(c)
F6S. 1(3)(c) substituted (30.12.2005) by Adoption and Children Act 2002 (c. 38), s. 148(1), Sch. 3 para. 51 (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(o)
F7S. 1 inserted (6.4.2009) by Human Fertilisation and Embryology Act 2008 (c. 22), s. 68(2), Sch. 6 para. 24(3); S.I. 2009/479, art. 6(1)(d) (with art. 7 Sch.)
Modifications etc. (not altering text)
C1S. 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)
C2S. 1 excluded by Income and Corporation Taxes Act 1988 (c. 1, SIF 63:1), s. 831(4)
C3S. 1 applied (01.07.1992) by Social Security Administration Act 1992 (c.5), ss. 78(7)(8), 192(4).
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