Search Legislation

Family Law Act 1986

 Help about what version

What Version

  • Latest available (Revised)
  • Original (As enacted)
 Help about advanced features

Advanced Features

Changes to legislation:

There are currently no known outstanding effects for the Family Law Act 1986, Section 56. 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.

[F156 Declarations as to parentage, legitimacy or legitimation.E+W

(1)Any person may apply to [F2the High Court or [F3the family court]] for a declaration—

F4(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

(2)Any person may apply to [F2the High Court or [F5the family 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 section if, and only if, the applicant—

(a)is domiciled in England and Wales on the date of the application; or

(b)has been habitually resident in England and Wales throughout the period of one year ending with that date.

(4)Where a declaration is made [by a court]on an application under subsection (1) above, 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 section “legitimated person” means a person legitimated or recognised as legitimated—

(a)under section 2 [F6, 2A] or 3 of the Legitimacy Act M11976;

(b)under section 1 or 8 of the Legitimacy Act M21926; or

(c)by a legitimation (whether or not by virtue of the subsequent marriage of his parents) recognised by the law of England and Wales and effected under the law of another country.]

Textual Amendments

F2Words in S. 56(1)(2) substituted (1.4.2001) by 2000 c. 19, s. 83, Sch. 8 para. 5(a) (with s. 83(6)); S.I. 2001/774, art. 2(b)(c)

F3Words in s. 56(1) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 98(2); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F4S. 56(1)(a) repealed (1.4.2001) by 2000 c. 19, s. 85, Sch. 9 Pt. IX (with s. 83(6)); S.I. 2001/774, art. 2(d)

F5Words in s. 56(2) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 98(3); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F6Word in s. 56(5)(a) inserted (6.4.2009 for specified purposes, 1.9.2009 in so far as not already in force) by Human Fertilisation and Embryology Act 2008 (c. 22), s. 68(2), Sch. 6 para. 23; S.I. 2009/479, art. 6(1)(e)(2) (with art. 7, Sch.)

Modifications etc. (not altering text)

C1Words in S. 56(4) inserted (1.4.2001) by 2000 c. 19, s. 83, Sch. 8 para. 5(b) (with s. 83(6)); S.I. 2001/774, art. 2(b)(c)

Marginal Citations

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
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. 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
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources