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Legitimacy

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Sisterbee

Sisterbee Report 24 Jul 2012 15:23

Can anyone tell me the answer to this legal question please? I have a friend, 'B', with a normal birth certificate whose parents were married before her birth in 1947. However, sometime later it transpired that her father had not been divorced from his first wife before marrying B's mother!

Her father eventually divorced his first wife and 're-married' B's mother so my question is this: presuming she would have been considered illegitimate as her parents weren't legally married, would she have automaticaaly been legitimised on their re-marriage or not? There was no charge ever made against her father, don't think the authorities ever knew.
Thanks for any help!

nameslessone

nameslessone Report 24 Jul 2012 15:41

Sisterbee

She would not have been legitimised on the remarriage. In normal circumstances with an illegitmate child the natural father would have had to re register the child on/after the marriage or officially adopt the child. I had this particualr with an intestesy issue in the family.

But does this matter really need investigating - or is there an issue that needs sorting for some reason? In the past with problems with divorce there must have been lots of people with the same problem - and just keep on with the status quo.

You may like to read the this old thread http://www.genesreunited.co.uk/boards.page/board/genealogy_chat/thread/1277214

It doesn't answer all your questions but may help a little

Sisterbee

Sisterbee Report 24 Jul 2012 15:51

Thanks for your answer and for the thread, I thought that was the case but wasn't sure.
No there are no outstanding issues about this but my friend, at the age of 55, has only just learnt about her parents' history and naturally was quite shocked; not by the prospect of illegitimacy, just the fact that she never knew! Both her parents are now dead anyway and she doubts that her dad adopted her, it was probably never talked about again!
Many thanks

Chris in Sussex

Chris in Sussex Report 24 Jul 2012 15:57

Maybe this will help?

http://freepages.genealogy.rootsweb.ancestry.com/~framland/acts/legitimation.htm

The previous Acts to which the above refers can be found here....

http://freepages.genealogy.rootsweb.ancestry.com/~framland/acts/actind.htm

A little light reading ;-)

Chris

Researching:
Avatar...My darling Dad. 1931-2019 'Take nothing on its looks, take everything on evidence. There is no better rule' Charles Dickens, Great Expectations. 'A brickwall is a problem that you haven't solved yet' Dave Annal http://media.nationalarchives.gov.uk/index.php/brick-walls-and-lost-ancestors/

Porkie_Pie

Porkie_Pie Report 24 Jul 2012 16:16

also see

http://en.wikipedia.org/wiki/Legitimacy_Act_1926

roy

mgnv

mgnv Report 24 Jul 2012 20:03

http://www.legislation.gov.uk/ukpga/1926/60/pdfs/ukpga_19260060_en.pdf
Legitimacy Act, 1926
Section 1.(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.