Search Legislation

Legitimacy Act (Northern Ireland) 1961

What Version

 Help about what version
  • Latest available (Revised)
  • Original (As enacted)

Advanced Features

 Help about advanced features

Opening Options

 Help about opening options

Changes to legislation:

There are currently no known outstanding effects for the Legitimacy Act (Northern Ireland) 1961. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

N.I.

Legitimacy Act (Northern Ireland) 1961

1961 CHAPTER 5

An Act to amend the Legitimacy Act (Northern Ireland), 1928, to legitimate the children of certain void marriages, and to provide for the revocation of adoption orders in cases of legitimation and for purposes connected with the matters aforesaid.

[4th July 1961]

1Application of the Legitimacy Act (Northern Ireland)N.I.

Subs. (1) rep. by SLR (NI) 1973

(2)In relation to an illegitimate person to whom it applies by virtue of this section, the Legitimacy Act (Northern Ireland), 1928, shall have effect as if for references to the commencement of that Act there were substituted references to the commencement of this Act.

2Legitimacy of children of certain void marriages.N.I.

(1)Subject to the provisions of this section, the child of a void marriage, whether born before or after the commencement of this Act, shall be treated as the legitimate child of his parents if at the time of the[F1 insemination resulting in the birth or, where there was no such insemination, the child's conception]F1 (or at the time of the celebration of the marriage if later) both or either of the parties reasonably believed that the marriage was valid.

(2)This section applies, and applies only, where the father of the child was domiciled in Northern Ireland at the time of the birth or, if he died before the birth, was so domiciled before his death.

[F1(2A)Without prejudice to the generality of subsection (1), that subsection applies notwithstanding that the belief that the marriage was valid was due to a mistake of law.

(2B)In relation to a child born after the commencement of paragraph 14 of Schedule 9 to the Children (Northern Ireland) Order 1995, it shall be presumed for the purposes of subsection (1), unless the contrary is shown, that one of the parties to the void marriage reasonably believed at the time of the insemination resulting in the birth or, where there was no such insemination, the child's conception (or at the time of the celebration of the marriage if later) that the marriage was valid.]

F1(3)This section does not affect—

(a)any rights under the intestacy of a person who died before the commencement of this Act;

(b)the operation or construction of any disposition coming into operation before the commencement of this Act; or

(c)the succession to any dignity or title of honour or the devolution of any property limited by any disposition in such a way as to devolve with any dignity or title of honour as nearly as the law permits.

(4)In this section the following expressions have the meanings hereby assigned to them, that is to say—

  • “void marriage” means a marriage, not being voidable only, in respect of which the High Court has or had jurisdiction to grant a decree of nullity, or would have or would have had such jurisdiction if the parties were domiciled in Northern Ireland;

  • “disposition” has the same meaning as in the Legitimacy Act (Northern Ireland), 1928 [1928 c.5] .

Subs. (5) rep. by 1989 NI 4

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

F11995 NI 2

S. 3 rep. by 1987 NI 22

4Short title, citation and commencement.N.I.

(1)This Act may be cited as the Legitimacy Act (Northern Ireland), 1961.

(2)This Act and the Legitimacy Acts (Northern Ireland), 1928 and 1958, may be cited together as the Legitimacy Acts (Northern Ireland), 1928 to 1961.

(3)Commencement

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources