Abolition of status of illegitimacy

I121Abolition of status of illegitimacy

1

The Law Reform (Parent and Child) (Scotland) Act 1986 (c. 9) shall be amended in accordance with subsections (2) to (4).

2

In section 1 (legal equality of children)—

a

for subsection (1) there shall be substituted—

1

No person whose status is governed by Scots law shall be illegitimate; and accordingly the fact that a person's parents are not or have not been married to each other shall be left out of account in—

a

determining the person's legal status; or

b

establishing the legal relationship between the person and any other person.

b

in subsection (4), in paragraph (a), for the words from “this”, where it first occurs, to the end of that paragraph there shall be substituted “ section 21 of the Family Law (Scotland) Act 2006 (asp 2) ”; and

c

after that subsection there shall be added—

5

In subsection (4), “enactment” includes an Act of the Scottish Parliament.

6

It shall no longer be competent to bring an action for declarator of legitimacy, legitimation or illegitimacy.

3

The title of section 1 shall become “ Abolition of status of illegitimacy ”.

4

In subsection (1) of section 9 (savings and supplementary provisions)—

a

in paragraph (c), at the end, there shall be inserted “ (including, in particular, the competence of bringing an action of declarator of legitimacy, legitimation or illegitimacy in connection with such succession or devolution) ”; and

b

after that paragraph, there shall be inserted—

ca

affect the functions of the Lord Lyon King of Arms so far as relating to the granting of arms;