LEGITIMACY ACT 1931


Number 13 of 1931


LEGITIMACY ACT 1931

REVISED

Updated to 1 January 2016


This Revised Act is an administrative consolidation of the Legitimacy Act 1931. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including International Protection Act 2015 (66/2015), enacted 30 December 2016, and all statutory instruments up to and including Credit Union Act 1997 (Regulatory Requirements) Regulations 2016 (S.I. No. 1 of 2016), made 1 January 2016, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.


Number 13 of 1931


LEGITIMACY ACT 1931

REVISED

Updated to 1 January 2016


Introduction

This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.

Related legislation

Births and Deaths Registration Acts 1863 to 1996: this Act is one of a group of Acts previously included in this collective citation, to be construed together as one ( Registration of Births Act 1996 (36/1996), s. 7(2)). The provisions of this Act included in the collective citation (s. 1(4) and the schedule) were repealed (5.12.2005) by Civil Registration Act 2004 (3/2004), s. 4 and sch. 2, S.I. No. 764 of 2005, subject to transitional provisions in s. 5.

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.

An explanation of how to read annotations is available at

www.lawreform.ie/annotations.

Material not updated in this revision

Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.

Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.

A list of legislative changes to any Act, and to statutory instruments from 1999, may be found linked from the page of the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

Courts and Civil Law (Miscellaneous Provisions) Act 2013 (32/2013)

Adoption Act 2010 (21/2010)

Civil Liability and Courts Act 2004 (31/2004)

Civil Registration Act 2004 (3/2004)

Births and Deaths Registration Acts 1863 to 1996

Registration of Births Act 1996 (36/1996)

Status of Children Act 1987 (26/1987)

Courts Act 1971 (36/1971)

Adoption Act 1952 (25/1952)

All Acts up to and including International Protection Act 2015 (66/2015), enacted 30 December 2015, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

Registration of Births (Amendment) Regulations 2002 (S.I. No. 493 of 2002)

Registration of Births Regulations 1988 (S.I. No. 123 of 1988)

All statutory instruments up to and including Credit Union Act 1997 (Regulatory Requirements) Regulations 2016 (S.I. No. 1 of 2016), made 1 January 2016, were considered in the preparation of this revision.


Number 13 of 1931.


LEGITIMACY ACT 1931.

REVISED

Updated to 1 January 2016


ARRANGEMENT OF SECTIONS


Act Referred to

Courts of Justice Act, 1924

No. 10 of 1924


Number 13 of 1931.


LEGITIMACY ACT 1931.

REVISED

Updated to 1 January 2016


AN ACT TO AMEND THE LAW RELATING TO CHILDREN BORN OUT OF WEDLOCK. [19 th May, 1931.]

BE IT ENACTED BY THE OIREACHTAS OF SAORSTÁT EIREANN AS FOLLOWS:—

Annotations:

Modifications (not altering text):

C1

Application of Act restricted and confirmed (1.11.2010) by Adoption Act 2010 (21/2010), s. 59(1), S.I. No. 511 of 2010.

Subsequent marriage of birth parents.

59.—(1) Subject to subsection (2)—

(a) the validity of an adoption order in relation to a child born of parents not married to each other and the provisions of this Act in regard to the effects of the order are not affected by the subsequent marriage of the child’s birth parents, and

(b) the Legitimacy Act 1931 does not apply to the child unless the order is set aside.

(2) Subsection (1) does not apply where the child has been adopted by one of his or her birth parents and their subsequent marriage to each other would, apart from that subsection, legitimate the child.

(3) In that case, the Legitimacy Act 1931 applies and the adoption order ceases to be in force

...

Editorial Notes:

E1

The Social Welfare (Miscellaneous Provisions) Act 2002 (8/2002), s. 16 and schedule, part 6 provide for an amendment to Registration of Births Act 1996 (36/1996), s. 1 to allow for a change of surname, where jointly agreed by the parents, of children whose births are being re-registered under the Registration of Births and Deaths Acts 1863 to 1996 or the Legitimacy Act 1931. The Registration of Births Regulations 1988 (S.I. No. 123 of 1988) as amended (15.10.2002) by Registration of Births (Amendment) Regulations 2002 (S.I. No. 493 of 2002) give further effect to these provisions.

E2

Previous affecting provision: Act previously included in collectively cited Births and Deaths Registration Acts 1863 to 1996 (1.10.1997) by Registration of Births Act 1996 (36/1996), s. 7(2), S.I. No. 45 of 1997; the provisions included in the collective citation (s. 1(4) and the schedule) were repealed (5.12.2005) by Civil Registration Act 2004 (3/2004), s. 4 and sch. 2, S.I. No. 764 of 2005, subject to transitional provisions in s. 5.

E3

Previous affecting provision: application of Act restricted and confirmed (1.01.1953) by Adoption Act 1952 (25/1952), s. 29(1); repealed (1.11.2010) by Adoption Act 2010 (21/2010), s. 7 and sch. 1 part 1, S.I. No. 511 of 2010.