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The Children (Northern Ireland) Order 1995

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171.  For Article 32 (declarations of legitimacy or legitimation) substitute the following Article—

Declaration of parentage, legitimacy or legitimation

32.(1) Any person may apply to the court for a declaration—

(a)that a person named in the application is or was his parent; or

(b)that he is the legitimate child of his parents.

(2) Any person may apply to the court for one (or for one or, in the alternative, the other) of the following declarations, that is to say—

(a)a declaration that he has become a legitimated person;

(b)a declaration that he has not become a legitimated person.

(3) A court shall have jurisdiction to entertain an application under this Article if (and only if) the applicant—

(a)is domiciled in Northern Ireland on the date of the application; or

(b)has been habitually resident in Northern Ireland throughout the period of one year ending with that date.

(4) Where a declaration is made on an application under paragraph (1), the prescribed officer of the court shall notify the Registrar General, in such a manner and within such period as may be prescribed, of the making of that declaration.

(5) In this Article—

“legitimated person” means a person legitimated or recognised as legitimated—

(a)

under section 1 or 8 of the Legitimacy Act (Northern Ireland) 1928; or

(b)

by a legitimation (whether or not by virtue of the subsequent marriage of his parents) recognised by the law of Northern Ireland and effected under the law of another country;

“prescribed” means prescribed by rules of court;

“Registrar General” has the same meaning as in the Births and Deaths Registration (Northern Ireland) Order 1976;

“rules of court” has the same meaning as that given in Article 36(5)..

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