Legitimacy Act 1931
Number 13 of 1931
LEGITIMACY ACT 1931
REVISED
Updated to 28 May 2019
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 Greyhound Racing Act 2019 (15/2019), enacted 28 May 2019, and all statutory instruments up to and including European Communities (Sheep Identification) (Amendment) Regulations 2019 (S.I. No. 243 of 2019), made 28 May 2019, were considered in the preparation of this Revised Act.
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Number 13 of 1931.
LEGITIMACY ACT 1931.
REVISED
Updated to 28 May 2019
ARRANGEMENT OF SECTIONS
Registration of Births of Legitimated Persons
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Act Referred to |
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No. 10 of 1924 |
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Number 13 of 1931.
LEGITIMACY ACT 1931.
REVISED
Updated to 28 May 2019
AN ACT TO AMEND THE LAW RELATING TO CHILDREN BORN OUT OF WEDLOCK. [19th 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.
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Editorial Notes:
E1
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(4), (4A) 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. These subsections remain in force despite repeal of the rest of the 1996 Act. 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.