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Legitimacy Act (Northern Ireland) 1928

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1Legitimation by subsequent marriage [F1or civil partnership] of parents.N.I.

(1)Subject to the provisions of this section, where the [F2mother and father] of an illegitimate person marry or have married one another, whether before or after the commencement of this Act, the marriage shall, if the father of the illegitimate person was or is at the date of the marriage domiciled in Northern Ireland, render that person, if living, legitimate from the commencement of this Act, or from the date of the marriage, whichever last happens.

[F3(1ZA)Where—

(a)the mother and father of an illegitimate person become civil partners of one another on or after 13th January 2020, and

(b)the father of the illegitimate person is, at the date of the formation of the civil partnership, domiciled in Northern Ireland,

the civil partnership renders that person, if living (and whether born before, on or after 13th January 2020), legitimate from the date of the formation of the civil partnership.]

[F4(1A)Subject to subsection (3), where—

(a)a person (“the child”) has a parent (“the female parent”) by virtue of section 43 of the Human Fertilisation and Embryology Act 2008 (treatment provided to woman who agrees that second woman to be parent);

(b)at the time of the child's birth, the female parent and the child's mother are [F5neither married nor] civil partners of each other;

(c)the female parent and the child's mother subsequently [F6marry or] enter into a civil partnership; and

(d)the female parent is at the date of [F7the marriage or] the formation of the civil partnership domiciled in Northern Ireland,

the civil partnership [F8the marriage or] shall render the child, if living, legitimate from the date of [F9the marriage or] the formation of the civil partnership.]

Subs. (2) rep. by 1961 c. 5 (NI)

(3)The legitimation of a person under this Act does not enable him or his spouse, children or remoter issue to take any interest in real or personal property save as is hereinafter in this Act expressly provided.

Subs. (4) rep. by SLR 1976

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