熱門推薦罰單破解實戰交通警察名師 25 年經驗,親授警察臨檢、檢舉魔人、科技執法、車禍糾紛的執法邏輯看課程介紹
購物車我的課程我的書籤免費註冊

The Children (Northern Ireland) Order 1995 PART XIV — PARENTS NOT MARRIED TO EACH OTHER

155–1584 provisions

Parents not being married to , or civil partners of, each other to have no effect in law on relationships

155

(1) In this Order and in any statutory provision or any instrument passed or made after the commencement of this Article, references (however expressed) to any relationship between two persons shall be construed without regard to whether or not the father and mother of either of them or the father and mother of any person through whom the relationship is deduced, have or had been married to each other at any time. (2) In this Order and in any statutory provision passed or made after the commencement of this Article— (a) references to a person whose father and mother were married to , or civil partners of, each other at the time of his birth include, and (b) references to a person whose father and mother were not married to , or civil partners of, each other at the time of his birth do not include, references to any person to whom paragraph (3) applies. (3) This paragraph applies to any person who— (a) is treated as legitimate by virtue of section 1 or 2 of the Legitimacy Act (Northern Ireland) 1961 ; (b) is a legitimated person within the meaning of Article 32 of the Matrimonial and Family Proceedings (Northern Ireland) Order 1989 ; (ba) has a parent by virtue of section 42 of the Human Fertilisation and Embryology Act 2008 (which relates to treatment provided to a woman who is at the time of treatment a party to a civil partnership or, in certain circumstances, a void civil partnership); (bb) has a parent by virtue of section 43 of that Act (which relates to treatment provided to woman who agrees that second woman to be parent) who— (i) is the civil partner of the child's mother at the time of the child's birth, or (ii) was the civil partner of the child's mother at any time during the period beginning with the time mentioned in section 43(b) of that Act and ending with the child's birth; (c) is an adopted child within the meaning of Part V of the Adoption Order; or (d) is otherwise treated in law as legitimate. (4) For the purpose of construing references falling within paragraph (2), the time of a person's birth shall be taken to include any time during the period beginning with— (a) the insemination resulting in his birth; or (b) where there was no such insemination, his conception, and (in either case) ending with his birth. (4A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4C) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4D) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4E) Paragraph (4F) applies to a person— (a) who was born before 13th January 2020, (b) whose parents had formed a civil partnership before that date, and (c) who does not fall within paragraph (3)(ba) or (bb). (4F) A reference falling within paragraph (2)(a) or (b) does not include or (as the case may be) exclude the person by virtue of that civil partnership. (5) Paragraphs (1) and (2) have effect subject to any contrary intention.

Application of principle to certain existing statutory provisions

156

The Department of Finance and Personnel may by order make provision for the construction in accordance with Article 155 of such statutory provisions passed or made before the commencement of that Article as may be specified in the order, but an order under this Article shall so amend the statutory provisions to which it relates as to secure that (so far as practicable) they continue to have the same effect notwithstanding the making of the order.

Property rights

157

Schedule 6 (which contains provisions relating to property rights where the parents of a child were not married to , or civil partners of, each other at the time of his birth) shall have effect.

Repeal of Illegitimate Children (Affiliation Orders) Act (Northern Ireland) 1924

158

The Illegitimate Children (Affiliation Orders) Act (Northern Ireland) 1924 shall cease to have effect.

Back to The Children (Northern Ireland) Order 1995 — full text

Provisions on this page are reproduced verbatim from official open data. See the attribution line.

Contains public sector information licensed under the Open Government Licence v3.0 (legislation.gov.uk).