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40.—(1) An adopted child shall be treated in law—
(a)where the adopters are a married couple, as if he had been born as a child of the marriage (whether or not he was in fact born after the marriage was solemnized);
(b)in any other case, as if he had been born to the adopter in wedlock (but not as a child of any actual marriage of the adopter).
(2) An adopted child shall, subject to paragraph (3), be treated in law as if he were not the child of any person other than the adopters or adopter.
(3) Paragraph (2)—
(a)does not apply for the purposes of the Table in Article 18(1) of the Family Law (Miscellaneous Provisions) (Northern Ireland) Order 1984(1) (prohibited degrees of relationship); and
(b)in the case of a child adopted by one of its natural parents as sole adoptive parent, has no effect as respects entitlement to property depending on relationship to that parent, or as respects anything else depending on that relationship.
(4) It is hereby declared that this Article prevents an adopted child from being illegitimate.
(5) This Article has effect—
(a)in the case of an adoption before the commencement of this Part from that time, and
(b)in the case of any other adoption, from the date of the adoption.
(6) Subject to the provisions of this Part, this Article—
(a)applies for the construction of statutory provisions or instruments passed or made before the adoption or later, and so applies subject to any contrary indication; and
(b)has effect as respects things done, or events occurring, after the adoption, or after the commencement of this Part, whichever is the later.
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