The Legitimation Act of 1902 (NSW)

Act No. 23, 1902.

Legitimation.

Act No. 23, 1902.

An Act to {imoiid tlic Liw by making provision for the Legitimation of Children born before marriage on the snbse(|nent marriage of L-EiJlTIMATIOX.

their parents. [23/y? Jnhj, 1902.]

it enacted by the King’s Most Excellent Majesty, by and with Assembly of New South 'Wales in Parliament assembled, and by the authority of the same, as follows :—	\ 9	the advice and consent of the Legislative Council and Legislative
1. The short title of this Act is “ The Legitimation Act of simrt utie.
1902.”
2. In the construction of this Act the word “ Registrar” means interpretation,

and includes the Registrar-General, his deputies, and all district

registrars.

3. Any child born before the marriage of his or her parents Legitimation of

(and whether before or after the passing of tliis Act), whose pai’ents

have intermarried or shall hereafter intermarry, shall be detuned on marriage of parents,

the registration of such child as hereinafter provided to have been

legitimated by such marriage from birth, and shall be entitled to all

the rights of a child l)orn in wedlock.

4. The issue of any such legitimated child who has died or may issue of legitimated

hereafter die before the marriage of his or her parents shall take, by

operation of law, the same real and jiersonal projierty which ivould have	’
accriitid to such issue if the parent had been born in wedlock.

6. Nothing in this Act shall affect any estate, right, or interest Certain estates,

in any real or personal property to which apy person has become or not

may become entitled, either mediately or immediately in possession,

or expectancy by virtue of any disposition made before the passing of

this Act, or by virtue of any devolution by law on the death of any

person dying before the passing of this Act.

■ 6. Nothing in this Act shall have tlie effect of legitimating Limit to logiiimation.

any child if at the time of the birth of such child there existed any

legal impediment to the intermarriage of the parents of such child.

7.   W^hen any man who claims to be the father of any illegitimate Kegisir.ar to register

child, whoso mother h.e has married since the birth of such child, produces to a registrar a statutory declaration in the form set out in the Schedule hereto, it shall be the duty of the registrar to register such child, whether dead or alife, as the lawful issue of such man and his wife, and the registrar shall make a note in the entry

underneath

Act No. 23, 1902.

Legitimation.

underneath his signature to the effect that such registration has been made under the authority of this Act. If the child has been previously registered as illegitimate, be shall also make in the register on the page on which the previous entry was made a note of the entry made under this Act, and shall intimate to the Eegistrar-General, if he is a deputy or district registrar, that such entries have been made. If such last-mentioned registrar has not in his possession the register containing the entry of illegitimacy, it shall be sufficient for him to intimate to the Ilcgistrar-General the fact of the now entry having been made.

SCHEDULE.

Declaration.

I, of ,iii the State of New South Wales, do solenmiy and sincerely

declarj, as follows :—

1. I am the father of a certain child, named, born on the day of ,

at .

2. I was married to , the mother of the said child, on the

day of , at , and I am desirous of having the birth of the said

child registered as that of the lawful issue of myself and the said .

3. The document hereunto annexed is a certified copy of the certificate of my

marriage with the said .

4. No legal impediment to the marriage of myself and the said

existed at the time of the birth of the said child.

And I make this solemn declaration conscientiously believing the same to be true, and by virtue of the provisions of an Act made and passed in the sixty-fourth year of the reign of Her late Majesty, intituled An Act to consolidate the enactments relating to Oaths, Affirmations, Statutory Declarations, and Affidavits.

Declared by the said , at aforesaid this day of ,

Before me,

A Justice of the Peace for the State of New South Wales; or

A Commissioner of the Supreme Court of New South Wales.

Act