Legitimacy Act 1959
Act of the Parliament of the United Kingdom
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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 It was repealed by the Family Law Reform Act 1987.[1]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 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 |
| Territorial extent | England and Wales[b] |
| Dates | |
| Royal assent | 29 July 1959 |
| Commencement | 29 October 1959[c] |
| Repealed | 1 April 1989[d] |
| Other legislation | |
| Amends | |
| Amended by | |
| Repealed by | Family Law Reform Act 1987 |
Status: Repealed | |
| Text of statute as originally enacted | |
Provisions
Prior to the passing of the act, legitimacy was governed by the Legitimacy Act 1926 (16 & 17 Geo. 5. c. 60). 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on Marriage and Divorce recommended keeping this on the statute books by a vote of twelve to seven, Section 1 repealed this and allowed a child to be legitimised when his parents married, regardless of their past status.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 of the act 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 act provided also that section 2 applied only where the father of the child was domiciled in England.
Subsequent developments
The whole act was repealed by section 33(4) of, and schedule 4 to, the Family Law Reform Act 1987, which came into force on 1 April 1989.[6]