Skip to main content
Normal View

Special Committee Legitimacy Bill, 1929 debate -
Wednesday, 3 Dec 1930

SECTION 1.

(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 Saorstát Eireann, render that person, if living, legitimate from the commencement of this Act, or from the date of the marriage, whichever happens.
(2) Nothing in this Act shall operate to legitimate a person whose father or mother was married to a third person when the illegitimate person was born.
(3) 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.
(4) The provisions contained in the Schedule to this Act shall have effect with respect to the re-registration of the birth of legitimate persons.

I move amendment 1:—

In sub-section (1), page 2, line 16, to delete the word " happens " and substitute the words " is the later."

Amendment agreed to.

I move amendment 2:—

In sub-section (2), page 2, to delete lines 18 and 19, and to substitute the words " unless the father and mother of such person could have been lawfully married to one another at the time of birth of such person or at some time during the period of ten months preceding such birth."

This amendment brings the Bill into line with the Canon Law (Canon No. 1116).

Amendment agreed to.

I move amendment 3:—

In sub-section (4), page 2, line 26, to delete the word " legitimate " and substitute the word " legitimated."

Amendment agreed to.
Section 1, as amended, agreed to.
NEW SECTION.

I move amendment 4:—

Before section 2 to insert a new section as follows:

2.—(1) A person claiming that he is or that any of his parents or remoter ancestors is or was a legitimated person may, whether he is or is not domiciled in Saorstát Eireann and whether he is or is not a natural-born British subject within the meaning of the Legitimacy Declaration Act (Ireland), 1868, institute proceedings under that Act, and that Act shall apply accordingly.

(2) The Circuit Court shall have and may exercise jurisdiction in proceedings instituted by virtue of this section under the Legitimacy Declaration Act (Ireland), 1868, and section 25 and the provisoes to section 48 of the Courts of Justice Act, 1924 (No. 10 of 1924), shall apply in respect of all such proceedings.

(3) The jurisdiction conferred by this section on the Circuit Court shall be exercised by the Judge of that Court for the time being assigned to the Circuit in which the person instituting the proceedings is residing or, where such person does not reside in Saorstát Eireann, to the Circuit which includes the City of Dublin.

Amendment agreed to. New Section ordered to stand part of the Bill.

Top
Share