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The Children (Northern Ireland) Order 1995

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This is the original version (as it was originally made).

Parents not being married to each other to have no effect in law on relationships

155.—(1) In this Order and in any statutory provision or any instrument passed or made after the commencement of this Article, references (however expressed) to any relationship between two persons shall be construed without regard to whether or not the father and mother of either of them or the father and mother of any person through whom the relationship is deduced, have or had been married to each other at any time.

(2) In this Order and in any statutory provision passed or made after the commencement of this Article—

(a)references to a person whose father and mother were married to each other at the time of his birth include, and

(b)references to a person whose father and mother were not married to each other at the time of his birth do not include,

references to any person to whom paragraph (3) applies.

(3) This paragraph applies to any person who—

(a)is treated as legitimate by virtue of section 1 of the Legitimacy Act (Northern Ireland) 1961(1);

(b)is a legitimated person within the meaning of Article 32 of the Matrimonial and Family Proceedings (Northern Ireland) Order 1989(2);

(c)is an adopted child within the meaning of Part V of the Adoption Order; or

(d)is otherwise treated in law as legitimate.

(4) For the purpose of construing references falling within paragraph (2), the time of a person’s birth shall be taken to include any time during the period beginning with—

(a)the insemination resulting in his birth; or

(b)where there was no such insemination, his conception,

and (in either case) ending with his birth.

(5) Paragraphs (1) and (2) have effect subject to any contrary intention.

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