Family Law Reform Act 1987

22 Declarations of parentage. E+W

For section 56 of the M1 Family Law Act 1986 (declarations of legitimacy or legitimation) there shall be substituted the following section—

“56 Declarations of parentage, legitimacy or legitimation.

(1) Any person may apply to the court for a declaration—

(a) that a person named in the application is or was his parent; or

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

(2) Any person may apply to the 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 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 or 3 of the Legitimacy Act 1976;

(b) under section 1 or 8 of the Legitimacy Act 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.”

Marginal Citations

M1 1986 c. 55.