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 It was repealed by the Family Law Reform Act 1987.[1]
| Act of Parliament | |
 | |
| Long title | An Act to amend the Legitimacy Act, 1926, to legitimate the children of certain void marriages, and otherwise to amend the law relating to children born out of wedlock. |
|---|---|
| Citation | 7 & 8 Eliz. 2. c. 73 |
| Dates | |
| Royal assent | 29 July 1959 |
| Other legislation | |
| Repealed by | Family Law Reform Act 1987 |
Status: Repealed | |
| Text of statute as originally enacted | |
Act
editPrior 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on Marriage and Divorce recommended keeping this on the statute books by a vote of twelve to seven, Section 1 repealed this and allowed a child to be legitimised when his parents married, regardless of their past status.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 domiciled in England.
References
edit- ^ "Lexis@Library: Document". LexisNexis. Retrieved 30 November 2009.
- ^ 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)
- ^ Kahn-Freud (1960) p.56
- ^ Kahn-Freud (1960) p.58
- ^ Section 2 of the Legitimacy Act 1959
Bibliography
edit- Kahn-Freud, O (1960). "Legitimacy Act, 1959". Modern Law Review. 23 (1). Blackwell Publishing. ISSN 0026-7961.