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Legitimacy Act (Northern Ireland) 1961

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2Legitimacy of children of certain void marriages [F1and civil partnerships].N.I.

(1)Subject to the provisions of this section, the child of a void marriage [F2or a void civil partnership], 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[F3 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[F4, or the formation of the civil partnership,] if later) both or either of the parties reasonably believed that the marriage [F5or civil partnership] was valid.

(2)This section applies, and applies only, where [F6—

(a)]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[F7, or

(b)if a woman is treated as the female parent of a child by virtue of section 42 or 43 of the Human Fertilisation and Embryology Act 2008, that female parent was domiciled in Northern Ireland at the time of the birth, or if she died before the birth, was so domiciled immediately before her death.]

[F3(2A)Without prejudice to the generality of subsection (1), that subsection applies notwithstanding that the belief that the marriage [F8or civil partnership] was valid was due to a mistake of law.

(2B)In relation to a child [F9of a void marriage] born after the commencement of paragraph 14 of Schedule 9 to the Children (Northern Ireland) Order 1995, [F10or a child of a void civil partnership (whenever born),] it shall be presumed for the purposes of subsection (1), unless the contrary is shown, that one of the parties to the void marriage [F11or civil partnership] 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[F12, or the formation of the civil partnership,] if later) that the marriage [F13or civil partnership] was valid.]

(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.

[F14(3A)Where a void marriage results from the purported conversion of a void civil partnership, references in subsections (1) and (2B) to the time of the celebration of the marriage are to be read as references to the time of the formation of the civil partnership; and where a void civil partnership results from the purported conversion of a void marriage, references in subsections (1) and (2B) to the time of the formation of the civil partnership are to be read as references to the time of the celebration of the marriage.]

(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

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