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Legitimacy Act (Northern Ireland) 1928

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8Provisions as to persons legitimated by extraneous law.N.I.

(1)Where the parents of an illegitimate person marry or have married one another, whether before or after the commencement of this Act, and the father of the illegitimate person was or is, at the time of the marriage, domiciled in a country, other than Northern Ireland, by the law of which the illegitimate person became legitimated by virtue of such subsequent marriage, that person, if living, shall in Northern Ireland be recognised as having been so legitimated from the commencement of this Act or from the date of the marriage, whichever last happens, notwithstanding that his father was not at the time of the birth of such person domiciled in a country in which legitimation by subsequent marriage was permitted by law.

[F1(1A) 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 not civil partners of each other;

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

(d) the female parent is at the time of the formation of the civil partnership domiciled in a country, other than Northern Ireland, by the law of which the child became legitimated by virtue of the civil partnership;

the child, if living, shall in Northern Ireland be recognised as having been so legitimated from the date of the formation of the civil partnership notwithstanding that, at the time of the child's birth, the female parent was not domiciled in a country the law of which permitted legitimation by subsequent civil partnership.]

(2)All the provisions of this Act relating to legitimated persons and to the taking of interests in property by or in succession to a legitimated person and the spouse, children and remoter issue of a legitimated person (including those relating to the rate of death duties) shall apply in the case of a person recognised as having been legitimated under this section, or who would, had he survived the marriage of his parents, have been so recognised; and, accordingly, this Act shall have effect as if references therein to a legitimated person included a person so recognised as having been legitimated.

(3)For the purposes of this section, the expression “country” includes England and Wales, Scotland and any other part of His Majesty's Dominions, as well as a foreign country.

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