Legitimacy Act 1959 Explained

Short Title:Legitimacy Act 1959
Type:Act
Parliament:Parliament of the United Kingdom
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
Royal Assent:29 July 1959
Repealing Legislation:Family Law Reform Act 1987
Status:Repealed
Original Text:http://www.opsi.gov.uk/acts/acts1959/pdf/ukpga_19590073_en.pdf

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 It was repealed by the Family Law Reform Act 1987.[1]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

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on Marriage and Divorce recommended keeping this on the statute books by a vote of twelve to seven, Section 1 repealed this and allowed a child to be legitimised when his parents married, regardless of their past status.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.

Bibliography

Notes and References

  1. Web site: Lexis@Library: Document. LexisNexis. 30 November 2009.
  2. K (A Child) v The Secretary of State for the Home Department. EWHC. Admin. 2018. 1834. 24. [2018] WLR 6000. 18 July 2018. auto.
  3. Kahn-Freud (1960) p.56
  4. Kahn-Freud (1960) p.58
  5. Section 2 of the Legitimacy Act 1959