LEGITIMACY ACT

Arrangement of Sections

    Section

    1.    Short title

    2.    Interpretation

    3.    Legitimation by subsequent marriage

    4.    Legitimacy of children of certain void marriages

    5.    Legitimacy of children of voidable marriages

    6.    Declaration of legitimation

    7.    Rights of legitimated persons, etc., to take interests in property

    8.    Succession on intestacy of legitimated persons and their issue

    9.    Application to illegitimate person dying before marriage of parents

    10.    Personal rights and obligations of legitimated persons

    11.    Duties

    12.    Provisions as to persons legitimated by extraneous law

    13.    Right of illegitimate child and mother of illegitimate child to succeed on intestacy of the other

    14.    High Court may make orders as to custody of illegitimate children

    15.    Applications for affiliation orders

    16.    Savings

        SCHEDULE

AN ACT

to amend the law relating to children born out of wedlock; and to provide for matters incidental thereto.

[27th December, 1929]

Act 40 of 1929,

Act 22 of 1930,

Act 74 of 1965,

Act 13 of 1994,

Act 8 of 1996,

GN 497 of 1964,

SI 152 of 1965.

1.    Short title

This Act may be cited as the Legitimacy Act.

2.    Interpretation

In this Act, unless the context otherwise requires—

"appointed date" means the 1st January, 1966;

"date of legitimation" means—

    (a)    in the case of a legitimated person whose father or mother was married to a third person when he was born, the date of the marriage leading to legitimation, or where the marriage occurred before the appointed date, the appointed date; or

    (b)    in any other case, the date of the marriage leading to the legitimation, or where the marriage occurred before the commencement of this Act, the commencement of this Act;

"disposition" means an assurance of any interest in property by any instrument whether inter vivos or by will;

"intestate" includes a person who leaves a will but dies intestate as to some beneficial interest in his real or personal estate;

"legitimated person" means a person legitimated by this Act;

"Registrar-General" means the Registrar-General of Births and Deaths appointed under the provisions of section 3 of the Births and Deaths Registration Act;

"will" includes a codicil.

[S 2 am by Act 74 of 1965.]

3.    Legitimation by subsequent marriage

    (1) Subject to the provisions of this section, where the parents of an illegitimate person marry or have married one another, whether before or after the commencement of this Act, the marriage shall, if the father of the illegitimate person was or is at the date of the marriage domiciled in the Republic, render that person, if living, legitimate—

    (a)    in the case of an illegitimate person whose father or mother was married to a third person when he was born, from the appointed date or from the date of the marriage whichever last happens; or

    (b)    in any other case, from the commencement of this Act, or from the date of the marriage, whichever last happens.

    (2) The legitimation of a person under this Act does not enable him or his spouse, children or remoter issue to take any interest in real or personal property save as is hereinafter in this Act expressly provided.

    (3) The provisions contained in the Schedule shall have effect with respect to the re-registration of the births of legitimated persons.

[S 3 am by Act 74 of 1965.]

4.    Legitimacy of children of certain void marriages

    (1) Subject to the provisions of this section, the child of a void marriage, whether born before or after the appointed date, 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 shall apply, and only apply, where the father of the child was domiciled in the Republic at the time of the birth or, if he died before the birth, was so domiciled immediately before his death.

    (3) The provisions of this section shall not affect—

    (a)    any rights under the intestacy of a person who died before the appointed date;

    (b)    the operation or construction of any disposition coming into operation before the appointed date.

    (4) In this section, "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 the Republic.

[S 4 am by Act 74 of 1965.]

5.    Legitimacy of children of voidable marriages

Where a decree of nullity is granted in respect of a voidable marriage, any child who would have been the legitimate child of the parties to the marriage if it had been dissolved, instead of being annulled, at the date of the decree shall be deemed to be their legitimate child notwithstanding the annulment.

[S 5 am by Act 74 of 1965.]

6.    Declaration of legitimation

    (1) A person claiming that he or his parent or any remoter ancestor became or has become a legitimated person may, whether domiciled in the Republic or elsewhere, apply by petition to the High Court praying the Court for a decree declaring that the petitioner is the legitimated child of his parents; and the High Court shall have jurisdiction to hear and determine such application and to make such decree as to the Court may seem just; and such decree shall be binding to all intents and purposes on all persons whomsoever:

Provided that the decree of the said Court shall not in any case prejudice any person, unless such person has been cited or made a party to the proceedings or is the heir-at-law or next of kin, or other real or personal representative of or derives title under or through a person so cited or made a party; nor shall such sentence or decree of the Court prejudice any person if subsequently proved to have been obtained by fraud or collusion.