Legitimacy_Act_1959

Legitimacy Act 1959

Legitimacy Act 1959

United Kingdom legislation


The Legitimacy Act 1959 (7 & 8 Eliz. 2. c. 73) was an Act of the Parliament of the United Kingdom. It was repealed by the Family Law Reform Act 1987.[1]

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Act

Prior to the passing of the Act, legitimacy was governed by the Legitimacy Act 1926. Under that act, the marriage of a child's parents after its birth did not legitimise it when one of the parents was married to a third person at the birth of the child.[2] Although the Royal Commission on Marriage and Divorce recommended keeping this on the statute books by a vote of twelve to seven, Section 1 repealed this and allowed a child to be legitimised when his parents married, regardless of their past status. This was retroactive; if a child's parents were married when the Act came into force, the child was legitimised.[3]

Section 2 legitimised the children born of void marriages, provided that both or either parents reasonably believed that the marriages were valid and entered into in good faith (such as a marriage below the age of consent, where both wife and husband believed they are above it).[4][5] Section 2(3) of the Legitimacy Act 1959 provided also that section 2 applied only where the father of the child was domiciliated in England.


References

  1. "Lexis@Library: Document". LexisNexis. Retrieved 30 November 2009.
  2. K (A Child) v The Secretary of State for the Home Department [2018] EWHC 1834 (Admin) at para. 24, [2018] WLR 6000 (18 July 2018), High Court (England and Wales)
  3. Kahn-Freud (1960) p.56
  4. Kahn-Freud (1960) p.58
  5. Section 2 of the Legitimacy Act 1959

Bibliography


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