Family Law Reform Act 1987

Part I — General Principle

General principle

1

• (1) In this Act and enactments passed and instruments made after the coming into force of this section, references (however expressed) to any relationship between two persons shall, unless the contrary intention appears, be construed without regard to whether or not the father and mother of either of them, or the father and mother of any person through whom the relationship is deduced, have or had been married to each other at any time.

• (2) In this Act and enactments passed after the coming into force of this section, unless the contrary intention appears—

• (a) references to a person whose father and mother were married to , or civil partners of, each other at the time of his birth include; and

• (b) references to a person whose father and mother were not married to , or civil partners of, each other at the time of his birth do not include,

references to any person to whom subsection (3) below applies, and cognate references shall be construed accordingly.

• (3) This subsection applies to any person who—

• (a) is treated as legitimate by virtue of section 1 of the Legitimacy Act 1976;

• (b) is a legitimated person within the meaning of section 10 of that Act;

• (ba) has a parent by virtue of section 42 of the Human Fertilisation and Embryology Act 2008 (which relates to treatment provided to a woman who is at the time of treatment married to a woman or a party to a civil partnership or, in certain circumstances, a void marriage or civil partnership);

• (bb) has a parent by virtue of section 43 of that Act (which relates to treatment provided to woman who agrees that second woman to be parent) who—

• (i) is married to or the civil partner of the child's mother at the time of the child's birth, or

• (ii) was married to or the civil partner of the child's mother at any time during the period beginning with the time mentioned in section 43(b) of that Act and ending with the child's birth;

• (c) is an adopted person within the meaning of Chapter 4 of Part 1 of the Adoption and Children Act 2002

• (d) is otherwise treated in law as legitimate.

• (4) For the purpose of construing references falling within subsection (2) above, the time of a person’s birth shall be taken to include any time during the period beginning with—

• (a) the insemination resulting in his birth; or

• (b) where there was no such insemination, his conception,

and (in either case) ending with his birth.

• (4A) Subsection (4B) applies to a person—

• (a) who was born before the date on which the Civil Partnership (Opposite-sex Couples) Regulations 2019 came into force;

• (b) whose parents formed a civil partnership before that date; and

• (c) who does not fall within subsection (3)(ba) or (bb).

• (4B) A reference falling within subsection (2)(a) or (b) above does not include or (as the case may be) exclude the person by virtue of that civil partnership.

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part II — Rights and Duties of Parents etc.

Parental rights and duties: general

Construction of enactments relating to parental rights and duties

2

• (1) In the following enactments, namely—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) section 6 of the Family Law Reform Act 1969;

• (c) the Guardianship of Minors Act 1971 (in this Act referred to as “the 1971 Act”);

• (d) Part I of the Guardianship Act 1973 (in this Act referred to as “the 1973 Act”);

• (e) Part II of the Children Act 1975;

• (f) the Child Care Act 1980 except Part I and sections 13, 24, 64 and 65;

• (g) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

references (however expressed) to any relationship between two persons shall be construed in accordance with section 1 above.

• (2) In subsection (7) of section 1 of the 1973 Act (equality of parental rights) for the words from “or be taken” to the end there shall be substituted the words “ and nothing in subsection (1) above shall be taken as applying in relation to a child whose father and mother were not married to each other at the time of his birth ”.

Agreements as to exercise of parental rights and duties

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Parental rights and duties where parents not married

Parental rights and duties of father

4

Exercise of parental rights and duties

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Appointment of guardians

6

Rights with respect to adoption

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Rights where child in care etc.

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• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) In section 8 of the Child Care Act 1980 (application of Part I to children subject to orders of court), for subsection (2) there shall be substituted the following subsections—

(2) Subject to subsection (3) below, where an order of any court is in force giving the right to the actual custody of a child to any person, the provisions of this Part of this Act shall have effect in relation to the child as if for references to the parents or guardians of the child or to a parent or guardian of his there were substituted references to that person. (3) Where, in the case of a child whose father and mother were not married to each other at the time of his birth, an order is in force under section 4 of the Family Law Reform Act 1987 by virtue of which actual custody is shared between the mother and the father, both the mother and the father shall be treated as parents of the child for the purposes of the provisions of this Part. (4) In this section “actual custody”, in relation to a child, means actual possession of his person.

• (3) In section 13 of that Act (penalty for assisting children in care to run away etc.), for subsection (4) there shall be substituted the following subsection—

(4) Subsections (2) and (3) of section 8 of this Act shall apply for the purposes of this section as they apply for the purposes of the provisions of Part I of this Act.

• (4) In section 24 of that Act (emigration of children), after subsection (4) there shall be inserted the following subsection—

(4A) Subsection (2) and (3) of section 8 of this Act shall apply for the purposes of the provisions of Part I of this Act.

• (5) At the end of section 64 of that Act (transfer of parental rights and duties to voluntary organisations) there shall be added the following subsection—

(8) Subsections (2) and (3) of section 8 of this Act shall apply for the purposes of this section and section 65 of this Act as they apply for the purposes of the provisions of Part I of this Act.

Consents to marriages

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. . .

Orders for custody on application of either parent

10

Orders for custody in guardianship cases

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. . .

Orders for financial relief on application of either parent

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Orders for financial relief in guardianship cases

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Orders for financial relief for persons over eighteen

14

. . .

Alteration during lives of parties

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Alteration after death of one party

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Supplemental

Abolition of affiliation proceedings

17

The Affiliation Proceedings Act 1957 (the provisions of which are superseded by this Part) shall cease to have effect.

Part III — Property Rights

Succession on intestacy

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• (1) In Part IV of the Administration of Estates Act 1925 (which deals with the distribution of the estate of an intestate), references (however expressed) to any relationship between two persons shall be construed in accordance with section 1 above.

• (2) For the purposes of subsection (1) above and that Part of that Act, a person whose father and mother were not married to , or civil partners of, each other at the time of his birth shall be presumed not to have been survived by his father, or by any person related to him only through his father, unless the contrary is shown.

• (2ZA) Subsection (2) does not apply if a person is recorded as the intestate's father, or as a parent (other than the mother) of the intestate—

• (a) in a register of births kept (or having effect as if kept) under the Births and Deaths Registration Act 1953, or

• (b) in a record of a birth included in an index kept under section 30(1) of that Act (indexes relating to certain other registers etc).

• (2A) In the case of a person who has a parent by virtue of section 43 of the Human Fertilisation and Embryology Act 2008 (treatment provided to woman who agrees that second woman to be parent), the second and third references in subsection (2) to the person's father are to be read as references to the woman who is a parent of the person by virtue of that section.

• (3) In section 50(1) of the Administration of Estates Act 1925 (which relates to the construction of documents), the reference to Part IV of that Act, or to the foregoing provisions of that Part, shall in relation to an instrument inter vivos made, or a will or codicil coming into operation, after the coming into force of this section (but not in relation to instruments inter vivos made or wills or codicils coming into operation earlier) be construed as including references to this section.

• (4) This section does not affect any rights under the intestacy of a person dying before the coming into force of this section.

Dispositions of property

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• (1) In the following dispositions, namely—

• (a) dispositions inter vivos made on or after the date on which this section comes into force; and

• (b) dispositions by will or codicil where the will or codicil is made on or after that date,

references (whether express or implied) to any relationship between two persons shall be construed in accordance with section 1 above.

• (2) It is hereby declared that the use, without more, of the word “heir” or “heirs” or any expression purporting to create an entailed interest in real or personal property does not show a contrary intention for the purposes of section 1 as applied by subsection (1) above.

• (3) In relation to the dispositions mentioned in subsection (1) above, section 33 of the Trustee Act 1925 (which specifies the trust implied by a direction that income is to be held on protective trusts for the benefit of any person) shall have effect as if any reference (however expressed) to any relationship between two persons were construed in accordance with section 1 above.

• (4) Where under any disposition of real or personal property, any interest in such property is limited (whether subject to any preceding limitation or charge or not) in such a way that it would, apart from this section, devolve (as nearly as the law permits) along with a dignity or title of honour, then—

• (a) whether or not the disposition contains an express reference to the dignity or title of honour; and

• (b) whether or not the property or some interest in the property may in some event become severed from it,

nothing in this section shall operate to sever the property or any interest in it from the dignity or title, but the property or interest shall devolve in all respects as if this section had not been enacted.

• (5) This section is without prejudice to section 42 of the Adoption Act 1976 or section 69 of the Adoption and Children Act 2002 (construction of dispositions in cases of adoption).

• (6) In this section “disposition” means a disposition, including an oral disposition, of real or personal property whether inter vivos or by will or codicil.

• (7) Notwithstanding any rule of law, a disposition made by will or codicil executed before the date on which this section comes into force shall not be treated for the purposes of this section as made on or after that date by reason only that the will or codicil is confirmed by a codicil executed on or after that date.

No special protection for trustees and personal representatives

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Section 17 of the Family Law Reform Act 1969 (which enables trustees and personal representatives to distribute property without having ascertained that no person whose parents were not married to each other at the time of his birth, or who claims through such a person, is or may be entitled to an interest in the property) shall cease to have effect.

Entitlement to grant of probate etc.

21

• (1) For the purpose of determining the person or persons who would in accordance with probate rules be entitled to a grant of probate or administration in respect of the estate of a deceased person, the deceased shall be presumed, unless the contrary is shown, not to have been survived—

• (a) by any person related to him whose father and mother were not married to , or civil partners of, each other at the time of his birth; or

• (b) by any person whose relationship with him is deduced through such a person as is mentioned in paragraph (a) above.

• (2) In this section “probate rules” means rules of court made under section 127 of the Senior Courts Act 1981.

• (3) This section does not apply in relation to the estate of a person dying before the coming into force of this section.

Part IV — Determination of Relationships

Declarations of parentage

22

For section 56 of the Family Law Act 1986 (declarations of legitimacy or legitimation) there shall be substituted the following section—

(56) (1) Any person may apply to the court for a declaration— (a) that a person named in the application is or was his parent; or (b) that he is the legitimate child of his parents. (2) Any person may apply to the court for one (or for one or, in the alternative, the other) of the following declarations, that is to say— (a) a declaration that he has become a legitimated person; (b) a declaration that he has not become a legitimated person. (3) A court shall have jurisdiction to entertain an application under this section if, and only if, the applicant— (a) is domiciled in England and Wales on the date of the application; or (b) has been habitually resident in England and Wales throughout the period of one year ending with that date. (4) Where a declaration is made on an application under subsection (1) above, the prescribed officer of the court shall notify the Registrar General, in such a manner and within such period as may be prescribed, of the making of that declaration. (5) In this section “legitimated person” means a person legitimated or recognised as legitimated— (a) under section 2 or 3 of the Legitimacy Act 1976; (b) under section 1 or 8 of the Legitimacy Act 1926; or (c) by a legitimation (whether or not by virtue of the subsequent marriage of his parents) recognised by the law of England and Wales and effected under the law of another country.

Provisions as to scientific tests

23

• (1) For subsections (1) and (2) of section 20 of the Family Law Reform Act 1969 (power of court to require use of blood tests) there shall be substituted the following subsections—

(1) In any civil proceedings in which the parentage of any person fails to be determined, the court may, either of its own motion or on an application by any party to the proceedings, give a direction— (a) for the use of scientific tests to ascertain whether such tests show that a party to the proceedings is or is not the father or mother of that person; and (b) for the taking, within a period specified in the direction, of bodily samples from all or any of the following, namely, that person, any party who is alleged to be the father or mother of that person and any other party to the proceedings; and the court may at any time revoke or vary a direction previously given by it under this subsection. (2) The individual carrying out scientific tests in pursuance of a direction under subsection (1) above shall make to the court a report in which he shall state— (a) the results of the tests; (b) whether any party to whom the report relates is or is not excluded by the results from being the father or mother of the person whose parentage is to be determined; and (c) in relation to any party who is not so excluded, the value, if any, of the results in determining whether that party is the father or mother of that person; and the report shall be received by the court as evidence in the proceedings of the matters stated in it. (2A) Where the proceedings in which the parentage of any person fails to be determined are proceedings on an application under section 55A or 56 of the Family Law Act 1986, any reference in subsection (1) or (2) of this section to any party to the proceedings shall include a reference to any person named in the application.

• (2) In section 25 of that Act (interpretation of Part III)—

• (a) for the definitions of “blood samples” and “blood tests” there shall be substituted the following definition—

“bodily sample” means a sample of bodily fluid or bodily tissue taken for the purpose of scientific tests;

’; and

• (b) after the definition of “excluded” there shall be inserted the following definition—

“scientific tests” means scientific tests carried out under this Part of this Act and made with the object of ascertaining the inheritable characteristics of bodily fluids or bodily tissue.

Part V — Registration of Births

Registration of father where parents not married

24

For section 10 of the Births and Deaths Registration Act 1953 (in this Act referred to as “the 1953 Act”) there shall be substituted the following section—