(LRC Revised)

Number 13 of 1931

LEGITIMACY ACT 1931

REVISED

Updated to 28 May 2019

Changes to legislation

as of 10 July 2026, this Act is up to date with all changes known to be in force.

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.

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 28 May 2019

ARRANGEMENT OF SECTIONS

Section

1.

Legitimation by subsequent marriage of parents.

2.

Declarations of legitimacy of legitimated persons.

3.

Rights of legitimated persons, etc., to take interest in property.

4.

Succession on intestacy of legitimated persons and their issue.

5.

Application to illegitimate persons dying before marriage of parents.

6.

Personal rights and obligations of legitimated persons.

7.

Death duties.

8.

Provisions as to persons legitimated by extraneous law.

9.

Right of illegitimate child and mother of illegitimate child to succeed on intestacy

of the other.

10.

Saving.

11.

Interpretation.

12.

Short title.

SCHEDULE.

Registration of Births of Legitimated Persons

Act Referred to

Courts of Justice Act, 1924

No. 10 of 1924

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. [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

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.

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

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.

Section

1.

Legitimation by subsequent marriage of parents.

2.

Declarations of legitimacy of legitimated persons.

3.

Rights of legitimated persons, etc., to take interest in property.

4.

Succession on intestacy of legitimated persons and their issue.

5.

Application to illegitimate persons dying before marriage of parents.

6.

Personal rights and obligations of legitimated persons.

7.

Death duties.

8.

Provisions as to persons legitimated by extraneous law.

9.

Right of illegitimate child and mother of illegitimate child to succeed on intestacy

of the other.

10.

Saving.

11.

Interpretation.

12.

Short title.

SCHEDULE.

Registration of Births of Legitimated Persons

Number

13

of

1931.