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	Statutes of Northern Ireland
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LEGITIMACY ACT (NORTHERN IRELAND) 1961

LEGITIMACY ACT (NORTHERN IRELAND) 1961 - LONG TITLE

An Act to amend the Legitimacy Act (Northern Ireland), 1928, to
legitimate the children of certain void marriages, and to provide
for the revocation of adoption orders in cases of legitimation and
for purposes connected with the matters aforesaid.
[4th July 1961]
Application of the Legitimacy Act (Northern Ireland).

LEGITIMACY ACT (NORTHERN IRELAND) 1961 - SECT 1

1.[(1) Sub-section (2) of section one of the Legitimacy Act
(Northern Ireland), 1928 (which excludes the operation of that Act
in the case of an illegitimate person whose father or mother was
married to a third person at the time of the birth), is hereby
repealed.]

(2) In relation to an illegitimate person to whom it applies by
virtue of this section, the Legitimacy Act (Northern Ireland), 1928,
shall have effect as if for references to the commencement of that
Act there were substituted references to the commencement of this
Act.

LEGITIMACY ACT (NORTHERN IRELAND) 1961 - SECT 2
Legitimacy of children of certain void marriages.

2.(1) Subject to the provisions of this section, the child of a
void marriage, whether born before or after the commencement of this
Act, shall be treated as the legitimate child of his parents if at
the time of the act of intercourse resulting in the birth (or at
the time of the celebration of the marriage if later) both or
either of the parties reasonably believed that the marriage was
valid.

(2) This section applies, and applies only, where the father of the
child was domiciled in Northern Ireland at the time of the birth
or, if he died before the birth, was so domiciled before his
death.

(3) This section does not affect

(a)any rights under the intestacy of a person who died before the
commencement of this Act;

(b)the operation or construction of any disposition coming into
operation before the commencement of this Act; or

(c)the succession to any dignity or title of honour or the
devolution of any property limited by any disposition in such a way
as to devolve with any dignity or title of honour as nearly as
the law permits.

(4) In this section the following expressions have the meanings
hereby assigned to them, that is to say

"void marriage" means a marriage, not being voidable only, in
respect of which the High Court has or had jurisdiction to grant a
decree of nullity, or would have or would have had such
jurisdiction if the parties were domiciled in Northern Ireland;

"disposition" has the same meaning as in the Legitimacy Act
(Northern Ireland), 1928.

Subs.(5) amends s.1 of 1868 c.20

LEGITIMACY ACT (NORTHERN IRELAND) 1961 - SECT 3
Legitimation: revocation of adoption orders and cancellations in
registers.

3.(1) Where

(a)any person legitimated by virtue of section one had been adopted
by his father and mother before the commencement of this Act; or

(b)any person adopted by his father or mother alone has subsequently
become a legitimated person by virtue of the marriage of his father
and mother;

(2) Where an adoption order is revoked under this section the
prescribed officer of the court shall cause the revocation to be
communicated in the prescribed manner to the Registrar-General for
Northern Ireland who shall cause to be cancelled

(a)the entry in the Adopted Children Register relating to the
adopted person; and

(b)the marking of the word "Adopted" of any entry relating to him
in the Register of Births;

(3) The revocation of an adoption order under this section shall
not affect the operation of sections nine and ten of the Adoption
of Children Act (Northern Ireland), 1950, in relation to an
intestacy which occurred, or a disposition which was made, before
the revocation.

(4) In this section the word "prescribed" means prescribed by rules
of court or county court rules.

LEGITIMACY ACT (NORTHERN IRELAND) 1961 - SECT 4
Short title, citation and commencement.

4.(1) This Act may be cited as the Legitimacy Act (Northern
Ireland), 1961.

(2) This Act and the Legitimacy Acts (Northern Ireland), 1928 and
1958, may be cited together as the Legitimacy Acts (Northern
Ireland), 1928 to 1961.

(3) Commencement