Search Legislation

Legitimacy Act (Northern Ireland) 1928

 Help about what version

What Version

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

Advanced Features

More Resources

Changes over time for: Section 8

 Help about opening options

Changes to legislation:

There are currently no known outstanding effects for the Legitimacy Act (Northern Ireland) 1928, Section 8. 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.

8Provisions as to persons legitimated by extraneous law.N.I.

(1)Where the [F1mother and father] of an illegitimate person marry or have married one another, whether before or after the commencement of this Act, and the father of the illegitimate person was or is, at the time of the marriage, domiciled in a country, other than Northern Ireland, by the law of which the illegitimate person became legitimated by virtue of such subsequent marriage, that person, if living, shall in Northern Ireland be recognised as having been so legitimated from the commencement of this Act or from the date of the marriage, whichever last happens, notwithstanding that his father was not at the time of the birth of such person domiciled in a country in which legitimation by subsequent marriage was permitted by law.

[F2(1ZA)Where—

(a)the mother and father of an illegitimate person become civil partners of one another on or after 13th January 2020,

(b)at the time of the formation of the civil partnership, the father of the illegitimate person is domiciled in a country other than Northern Ireland, and

(c)by the law of that other country, the illegitimate person becomes legitimated by virtue of the civil partnership,

that person, if living, is to be recognised in Northern Ireland as having been so legitimated from the date of the formation of the civil partnership.

(1ZB)Subsection (1ZA) applies even where the person’s father was not, at the time of the person’s birth, domiciled in a country in which legitimation by subsequent civil partnership was permitted by law.]

[F3(1A)Where—

(a)a person (“the child”) has a parent (“the female parent”) by virtue of section 43 of the Human Fertilisation and Embryology Act 2008 (treatment provided to woman who agrees that second woman to be parent);

(b)at the time of the child's birth, the female parent and the child's mother are [F4neither married nor] civil partners of each other;

(c)the female parent and the child's mother subsequently [F5marry or] enter into a civil partnership; and

(d)the female parent is at the time of [F6the marriage or] the formation of the civil partnership domiciled in a country, other than Northern Ireland, by the law of which the child became legitimated by virtue of the [F7marriage or] civil partnership;

the child, if living, shall in Northern Ireland be recognised as having been so legitimated from the date of [F8the marriage or] the formation of the civil partnership notwithstanding that, at the time of the child's birth, the female parent was not domiciled in a country the law of which permitted legitimation by subsequent [F9marriage or] civil partnership.]

(2)All the provisions of this Act relating to legitimated persons and to the taking of interests in property by or in succession to a legitimated person and the spouse [F10or civil partner] , children and remoter issue of a legitimated person (including those relating to the rate of death duties) shall apply in the case of a person recognised as having been legitimated under this section, or who would, had he survived the marriage [F11or civil partnership] of his [F12mother and father] , have been so recognised; and, accordingly, this Act shall have effect as if references therein to a legitimated person included a person so recognised as having been legitimated.

(3)For the purposes of this section, the expression “country” includes England and Wales, Scotland and any other part of His Majesty's Dominions, as well as a foreign country.

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.