This Act was repealed on 2022-08-11 by Children’s Code Act, 2022.
Legitimacy Act, 1929
- Commenced on 27 December 1929
- [This is the version of this document at 31 December 1996.]
- [Repealed by Children’s Code Act, 2022 (Act 12 of 2022) on 11 August 2022]
1. Short titleThis Act may be cited as the Legitimacy Act.
2. InterpretationIn 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 three of the Births and Deaths Registration Act;[Cap. 51]"will" includes a codicil.[No. 74 of 1965]
3. Legitimation by subsequent marriage
4. Legitimacy of children of certain void marriages
5. Legitimacy of children of voidable marriagesWhere 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.[No. 74 of 1965]
6. Declaration of legitimation
7. Rights of legitimated persons, etc., to take interests in property
8. Succession on intestacy of legitimated persons and their issueWhere a legitimated person or a child or remoter issue of a legitimated person dies intestate in respect of all or any of his real or personal property, the same persons shall be entitled to take the same interests therein as they would have been entitled to take if the legitimated person had been born legitimate.
9. Application to illegitimate person dying before marriage of parentsWhere an illegitimate person dies after the commencement of this Act and before the marriage of his parents, leaving any spouse, children or remoter issue living at the date of such marriage, then, if that person would, if living at the time of the marriage of his parents, have become a legitimated person, the provisions of this Act with respect to the taking of interests in property by, or in succession to, the spouse, children and remoter issue of a legitimated person shall apply as if such person as aforesaid had been a legitimated person and the date of the marriage of his parents had been the date of legitimation.[As amended by Act No. 8 of 1996]
10. Personal rights and obligations of legitimated personsA legitimated person shall have the same rights, and shall be under the same obligations in respect of the maintenance and support of himself or of any other person as if he had been born legitimate, and, subject to the provisions of this Act, the provisions of any Act relating to claims for damages, compensation, allowance, benefit, or otherwise by or in respect of a legitimate child shall apply in like manner in the case of a legitimated person.
11. DutiesWhere a legitimated person or any relative of a legitimated person takes any interest in real or personal property, any succession, legacy or other duty which becomes leviable after the date of legitimation shall be payable at the same rate as if the legitimated person had been born legitimate.
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 ordersAn application under section 3 of the Bastardy Laws Amendment Act, 1872, of the United Kingdom, may be made by a woman who was a single woman at the date of the birth of the child, whether or not she is a single woman at the time of the application.[No. 74 of 1965]
History of this document
11 August 2022
Repealed by Children’s Code Act, 2022
31 December 1996 this version
27 December 1929