Legitimacy Act 1959
Encyclopedia
The Legitimacy Act 1959 was an Act
of the Parliament of the United Kingdom
. It was repealed by the Family Law Reform Act 1987.
. 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. 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on Marriage and Divorce recommended keeping this on the statute books by a vote of twelve to seven, Section 1 repealed this and allowed a child to be legitimised when his parents married, regardless of their past status.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.
Section 2 legitimised the children of marriages ruled void, providing those marriages were entered into in good faith (such as a marriage below the age of consent, where both wife and husband believed they are above it).
Acts of Parliament in the United Kingdom
An Act of Parliament in the United Kingdom is a type of legislation called primary legislation. These Acts are passed by the Parliament of the United Kingdom at Westminster, or by the Scottish Parliament at Edinburgh....
of the Parliament of the United Kingdom
Parliament of the United Kingdom
The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body in the United Kingdom, British Crown dependencies and British overseas territories, located in London...
. It was repealed by the Family Law Reform Act 1987.
Act
Prior to the passing of the Act, legitimacy was governed by the Legitimacy Act 1926Legitimacy Act 1926
The Legitimacy Act 1926 was an Act of the Parliament of the United Kingdom.-Act:The Act allowed children to be legitimised by the subsequent marriage of their parents, provided that neither parent had been married to a third party at the time of the birth...
. 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. 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on Marriage and Divorce recommended keeping this on the statute books by a vote of twelve to seven, Section 1 repealed this and allowed a child to be legitimised when his parents married, regardless of their past status.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.
Section 2 legitimised the children of marriages ruled void, providing those marriages were entered into in good faith (such as a marriage below the age of consent, where both wife and husband believed they are above it).