Legitimacy Act 1959
{{Use dmy dates|date=April 2022}}
{{Infobox UK legislation
|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
|introduced_by=
|territorial_extent=
|royal_assent=29 July 1959
|commencement=
|repeal_date=
|amendments=
|related_legislation=
|repealing_legislation=Family Law Reform Act 1987
|status=Repealed
|original_text=http://www.opsi.gov.uk/acts/acts1959/pdf/ukpga_19590073_en.pdf
|legislation_history=
}}
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 It was repealed by the Family Law Reform Act 1987.{{cite web|url=http://www.lexisnexis.com/uk/legal/docview/getDocForCuiReq?lni=4ST8-61D0-TWPY-Y175&csi=274768&oc=00240|title=Lexis@Library: Document|publisher=LexisNexis|accessdate=30 November 2009}}
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.{{cite BAILII|litigants=K (A Child) v The Secretary of State for the Home Department|court=EWHC|division=Admin|year=2018|num=1834|para=24|parallelcite=[2018] WLR 6000|date=18 July 2018|courtname=auto}} 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on Marriage and Divorce recommended keeping this on the statute books by a vote of twelve to seven, Section 1 repealed this and allowed a child to be legitimised when his parents married, regardless of their past status.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.Kahn-Freud (1960) p.56
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).Kahn-Freud (1960) p.58Section 2 of the Legitimacy Act 1959 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
{{Reflist}}
Bibliography
- {{cite journal|year=1960|title=Legitimacy Act, 1959|journal=Modern Law Review|publisher=Blackwell Publishing|first=O|last=Kahn-Freud|volume=23|issue=1|issn=0026-7961}}
{{Authority control}}
Category:United Kingdom Acts of Parliament 1959