Civil
Status (Abolition of Legitimacy Etc.) (Jersey) Law 2025
A LAW to abolish the status of
illegitimacy, and for related purposes.
Adopted
by the States 9 July 2025
Sanctioned
by Order of His Majesty in Council 15 October 2025
Registered by the Royal Court 23 October 2025
Coming into force in accordance with Article 8
1 Status of illegitimacy
abolished
(1) No
person whose status is governed by the law of Jersey is illegitimate, and any
rule of customary law to the contrary is abolished.
(2) The
fact that a person’s parents are not or have not been married to each other is
not relevant in –
(a) determining the person’s
legal status; or
(b) establishing the legal
relationship between the person and another person.
(3) No
person may bring an action for –
(a) a declaration of
legitimacy;
(b) a declaration of
illegitimacy; or
(c) the determination of a
question of legitimacy.
(4) A
reference in an enactment or legal document to a relative is to be read in
accordance with this Article unless this Article is expressly disapplied.
2 [1]
3 Savings
(1) Nothing
in Article 1 –
(a) applies to the
construction or effect of –
(i) an enactment passed or made before the
commencement of Article 1;
(ii) an Act or judgment of
the Royal Court made before that commencement;
(iii) a trust established
before that commencement; or
(iv) a document, other than a
will, executed or a disposition made before that commencement; or
(b) prevents a person from
bringing an action in relation to that enactment, Act, judgment, trust or
document for –
(i) a declaration of legitimacy;
(ii) a declaration of
illegitimacy; or
(iii) a determination of a
question of legitimacy.
(2) This
Law does not affect the succession of a person who died before the commencement
of Article 1.
(3) This
Law –
(a) does not apply to a
title, coat of arms, honour or dignity transmissible on the death of its
holder;
(b) does not affect the privilèges, amortissements and préciputs that are by custom attached to certain houses and manors in Jersey;
(c) does not affect the
succession to or devolution of anything described in sub-paragraphs (a) or (b);
and
(d) does not prevent a person
from bringing an action, in relation to that succession or devolution,
for –
(i) a declaration of legitimacy;
(ii) a declaration of
illegitimacy; or
(iii) a determination of a
question of legitimacy.
(3A) A
person who, immediately before the commencement of this Law, had parental
responsibility for a child continues to have parental responsibility despite
the provisions of this Law.[2]
(4) Article
5, 6 or 7 (as the case may be) of the Legitimacy (Jersey)
Law 1973 and the corresponding Rules in the Legitimacy Rules 1974
apply to an action under paragraph (1)(b) or (3)(d) as that Law and those
Rules had effect immediately before their repeal by this Law.
(5) In
this Article, “disposition” means a transfer of property by gift, sale or will.
4 [3]
5 [4]
6 [5]
7 Regulations
The States may by
Regulations make the amendments to any enactment that appear to the States to
be necessary or convenient for the purposes of this Law, for transitional
provisions or in consequence of any provision made by this Law.
8 Citation and
commencement
This Law may be cited as
the Civil Status (Abolition of Legitimacy Etc.) (Jersey) Law 2025 and comes
into force as follows –
(a) Article 5 comes into
force 7 days after it is registered;
(b) the remaining provisions
come into force immediately after the Children and Civil Status (Consequential
Amendments) (Jersey) Amendment Regulations 2025.