Contents

Schedule  7

A LAW to abolish the status of illegitimacy, and for related purposes.

THE STATES, subject to the sanction of His Most Excellent Majesty in Council, have adopted the following Law –

“commencement day” means the day the Civil Status (Abolition of Legitimacy Etc.) (Jersey) Law 202- came into force;

8C      Equality of succession

The fact that a person’s parents are not or have not been married to each other is not relevant in determining the rights of succession –

(a)     of that person;

(b)     of another person to that person’s estate; or

(c)     of another person to an estate traced through a relationship of which that person was the progeny.

8D     Construction of dispositions

(1)     A disposition executed on or after the commencement day must be construed in accordance with –

(a)     Article 8C; and

(b)     Schedule A1 to the Children (Jersey) Law 2002.

(2)     A disposition executed before the commencement day is not to be treated as executed on or after that day by reason only that the will or instrument in which it appears has been confirmed by a codicil or further instrument executed on or after that day.

8E      Presumption of survivorship

(1)     Unless the contrary is proved, a person is presumed not to have been survived by a parent, or someone related to the person only through that parent, if the parent is not named on the person’s relevant certificate.

(2)     Unless the contrary is proved, for the purposes of obtaining a grant of probate or administration, it is presumed that the deceased was not survived by –

(a)     a child, if the deceased was not named on the child’s relevant certificate; or

(b)     a person whose relationship to the deceased is traceable only through that child.

(3)     In this Article, “relevant certificate” means –

(a)     the person’s birth certificate; or

(b)     a parental order (as defined in Article 1(1) of the Children (Jersey) Law 2002) or adoption order relating to the person.

8F      Effect of customary laws

Any rule of customary law that conflicts with Article 8C is of no effect to the extent of that conflict.

“relative”, in relation to a child –

(a)     means a grandparent, brother, sister, uncle or aunt, whether of the full blood or half-blood or by marriage or civil partnership; and

(b)     if an adoption order has been made in respect of the child or any other person by a court of competent jurisdiction in the British Islands, includes a person who would be a relative of the child within the meaning of this definition if the adopted person were the child of the adopter born in lawful wedlock or in the course of a civil partnership.

22      Orders and agreements for maintenance if child adopted by parent

(1)     Article 20(2)(a)(iii) does not apply –

(a)     if the adopter is the parent of the child; or

(b)     to prevent the recovery of arrears that are due under the order or agreement at the date of the adoption order.

(2)     The Court must not order a parent of a child to make payments for the benefit of the child after the date of the adoption order unless –

(a)     the sole adopter is a parent of the child; and

(b)     the order is made against the child’s other parent.

(g)     The informants’ names, relationship (if any) to the child and postal address must be stated.

(2)     References in this Law –

(a)     to a child whose parents were married to each other at the time of the child’s birth include a child who is the subject of an adoption order under Article 10 of the Adoption (Jersey) Law 1961;

(b)     to a child whose parents were not married to each other at the time of the child’s birth do not include a child who is the subject of an adoption order under that Article.

(8)     In paragraph (7), the following are treated as the child of a person –

(a)     the person’s adopted child;

(b)     a child who is the subject of a parental order in which the person is named as the child’s parent.

(3)     For the purposes of this Article, a person is a relative of an individual if they are that individual’s brother, sister, uncle, aunt, nephew, niece, lineal ancestor or lineal descendant, for which purpose –

(a)     a relationship of the half-blood is treated as a relationship of the whole blood;

(b)     the following are treated as the child of an individual –

(i)      the person’s stepchild;

(ii)      the person’s adopted child;

(iii)     a child of a person who is the child’s father under Schedule A1 (fertility treatment and artificial insemination) to the Children (Jersey) Law 2002;

(iv)     a child of a person who is the child’s second parent under that Schedule; and

(v)     a child who is the subject of a parental order or a recognition order (having the meanings given to those terms in that Law), in which the person is named as the child’s parent.

“Inferior Number” means the Inferior Number of the Royal Court;

(3A)  In this Part, references to a child whose parents were married to each other at the time of the child’s birth include a child who is the subject of an adoption order under Article 10 of the Adoption Law.

55AA Registration of father if father dies while child en ventre sa mère

(1)     This Article applies if –

(a)     the mother and the father of a child were, at the time of the child’s conception –

(i)      married to or civil partners of each other; or

(ii)      in a relationship that is similar to a marriage or civil partnership and that had existed, without breaking down, for a continuous period of at least 2 years;

(b)     the child’s father was alive at the time of the child’s conception; and

(c)     the child’s father dies before the child is registered.

(2)     The child’s mother may apply to the Superintendent Registrar for the child’s father to be entered in the register of births by producing –

(a)     the particulars set out in Article 46 (registration of births and stillbirths) of the Marriage and Civil Status (Jersey) Order 2018;

(b)     a declaration by the mother that her late husband or civil partner was the child’s father;

(c)     a copy of the father’s death certificate; and

(d)     any other documentation that the Superintendent Registrar considers appropriate in the circumstances of the case.

(3)     On receiving an application under paragraph (2), the Superintendent Registrar must –

(a)     enter the name of the person in the register of births as the child’s father; or

(b)     if the Superintendent Registrar is not satisfied that they should make the registration, refer the application to the Inferior Number.

(4)     If a reference is made under paragraph (3)(b), the Inferior Number may –

(a)     direct the Superintendent Registrar to proceed with the registration in accordance with the instructions it considers necessary; or

(b)     forbid further action by the Superintendent Registrar in relation to the matter.

(5)     If the Inferior Number forbids further action by the Superintendent Registrar in relation to the matter, the mother of the child may apply to the Inferior Number.

(6)     Upon an application under paragraph (5), the Inferior Number may order, as it considers necessary, that persons are convened, evidence is taken and enquiries are made, and may make any order that it considers fit.

(7)     The Judicial Greffier must, as soon as reasonably practicable, send a copy of an order made under paragraph (6) to the Superintendent Registrar.

(8)     If a person makes a request to the relevant registrar under paragraph (2), the giving by that person of particulars of the birth of the child and the signing of the register of births under Article 72 acts as a discharge of the duties imposed under Article 51 or 52.

57      Re-registration of child on marriage or civil partnership of parents

(1)     This Article applies if, after a person’s birth, the person’s parents marry each other or enter into a civil partnership with each other.

(2)     If, under Article 55, 55B or 56, the name of the spouse or civil partner of the person’s mother has already been entered in the register of births as the person’s father or second parent, the spouse, civil partner or the person’s mother must, not later than 3 months after the date of the solemnisation of the marriage or civil partnership, make a declaration as to the prescribed matters.

(3)     If the name of the spouse or civil partner has not been entered in the register of births as the person’s father or second parent, the spouses or civil partners, following the solemnisation of their marriage, may make a declaration as to the prescribed matters.

(4)     A separate declaration must be made in respect of each person whose parents have married or entered into a civil partnership.

(5)     A person who applies under this Article must do so to the Superintendent Registrar and include in that application the prescribed particulars and evidence.

(6)     Paragraph (7) applies to a person who is required by or under this Law to register a marriage or civil partnership, or to make a return of the particulars of the marriage or civil partnership for the purposes of registration.

(7)     The person to whom this paragraph applies must countersign a declaration and deliver it to the Superintendent Registrar if the declaration is made immediately after the solemnisation of the marriage or civil partnership and in the person’s presence.

(8)     A person requesting re-registration under this Article must pay the prescribed fee to the Superintendent Registrar.

(9)     The person countersigning the declaration under paragraph (7) is entitled to receive from the Superintendent Registrar one half of the fee paid under paragraph (8).

(10)   If a request for re-registration is made in accordance with this Article, the Superintendent Registrar must –

(a)     if the relevant registration duties have not been retained –

(i)      cause an entry to be made in the register for the parish in which the birth took place as if the child’s parents had been married or in a civil partnership at the time of the child’s birth; and

(ii)      note the re-registration against the original entry; or

(b)     if the relevant registration duties are retained by the parish –

(i)      direct the registrar for the parish in which the birth took place to make an entry in the register of births as if the child’s parents had been married or in a civil partnership at the time of the child’s birth; and

(ii)      note the re-registration against the original entry.

(11)   Both parents of the child must sign the new entry in the register of births.

(12)   If the Superintendent Registrar is not satisfied as to whether a re-registration should be made, before acting in accordance with paragraph (10) the Superintendent Registrar may refer the matter to the Inferior Number.

(13)   If the status of a person’s parents is established by a judgment of the Royal Court, the Judicial Greffier must, as soon as reasonably practicable, send a copy of the relevant order to the Superintendent Registrar.

57A   Re-registration of child following abolition of status of illegitimacy

(1)     This Article applies if –

(a)     a person was born before the relevant date;

(b)     at the time of the person’s birth the person’s mother was married to a man who was not the person’s biological father; and

(c)     the mother’s husband was presumed to be, and was registered as, the person’s father (the “registered father”) under Article 2(2) of the Legitimacy (Jersey) Law 1973 (which was repealed on the relevant date).

(2)     An application to re-register the person’s birth may be made to the Minister by –

(a)     the person’s mother and biological father;

(b)     the person’s registered father; or

(c)     the person themselves, if the person is over the age of 18.

(3)     A separate application must be made in respect of each person to whom paragraph (1) applies.

(4)     An applicant must give notice of the application to the parties set out in paragraph (2).

(5)     An applicant must provide –

(a)     in the case of –

(i)      an application under paragraph (2)(a) –

(A)    a declaration by the biological father that he is the person’s father; and

(B)     a declaration by the mother that the biological father is the person’s father;

(ii)      an application under paragraph (2)(b), a declaration by the registered father that he is not the person’s father; or

(iii)     an application under paragraph (2)(c), a declaration by the person that the registered father is not the person’s biological father; and

(b)     in any case –

(i)      evidence (whether DNA evidence or other) that the registered father is not the biological father;

(ii)      evidence that the parties set out in paragraph (2) have received notice of the application and do not object to the application proceeding;

(iii)     the prescribed details; and

(iv)     the prescribed fee.

(6)     On receipt of an application, the Minister may –

(a)     direct the Superintendent Registrar to re-register the birth in the manner described in paragraph (8); or

(b)     refer the application to the Inferior Number, if the Minister is not satisfied as to whether the birth should be re-registered.

(7)     If the registered father is deceased, or his whereabouts cannot be ascertained having made due enquiry, the applicant notify the Minister, who must refer the matter to the Inferior Number.

(8)     If a reference is made under paragraph (6)(b) or (7), the Inferior Number may –

(a)     direct the Superintendent Registrar to re-register the birth in accordance with the instructions it considers necessary; or

(b)     forbid further action by the Superintendent Registrar in relation to the matter.

(9)     If the Inferior Number forbids further action by the Superintendent Registrar in relation to the matter, the applicant may apply to the Inferior Number.

(10)   Upon an application under paragraph (9), the Inferior Number may order, as it considers necessary that persons are convened, evidence is taken and enquiries are made, and may make any order that it considers fit.

(11)   The Judicial Greffier must, as soon as reasonably practicable, send a copy of an order made under paragraph (10) to the Superintendent Registrar.

(12)   If the Minister or the Inferior Number direct that the birth be re-registered, the Superintendent Registrar must –

(a)     if the relevant registration duties have not been retained –

(i)      cause an entry to be made in the register for the parish in which the birth took place as if the biological father had been registered in place of the registered father; and

(ii)      note the re-registration against the original entry; or

(b)     if the relevant registration duties are retained by the parish –

(i)      direct the registrar for the parish in which the birth took place to make an entry in the register of births as if as if the biological father had been registered in place of the registered father; and

(ii)      note the re-registration against the original entry.

(13)   A person applying for re-registration under this Article must pay the prescribed fee to the Superintendent Registrar.

(14)   In this Article, “relevant date” means the date on which paragraph 16 of the Schedule to the Civil Status (Abolition of Status of Legitimacy Etc.) (Jersey) Law 202- came into force.

47      Declaration for re-registration of birth on marriage or civil partnership of parents

The matters in respect of a declaration to be made under Article 57(2) or (3) of the Law are –

(a)     the name of the child as registered;

(b)     the date of birth of the child;

(c)     the child’s place of birth and parish of birth;

(d)     the original date of the registration of the birth of the child;

(e)     details of the parents’ marriage or civil partnership including –

(i)      the first names, last name and occupation of the mother;

(ii)      the first names, last name and occupation of the father or second parent;

(iii)     any previous names of the mother, father or second parent;

(iv)     the date of the parents’ marriage or civil partnership;

(v)     the location of the parents’ marriage or civil partnership;

(vi)     a statement as to whether the father or second parent is named on the original birth certificate;

(vii)    if the father or second parent is named on the original birth certificate, a declaration by the father, mother or second parent (signed and dated) that they are the parents of the child and they wish to re-register the birth of the child following their marriage or civil partnership; and

(viii)   if the father or second parent is not named on the original birth certificate, a declaration by the mother and the father or second parent (signed and dated) that they are the parents of the child and they wish to re-register the birth of the child following the marriage or civil partnership.

47A   Declaration for re-registration of birth on abolition of status of legitimacy

The details in respect of an application to be made under Article 57A of the Law are –

(a)     the name of the child as registered;

(b)     the date of birth of the child;

(c)     the child’s place of birth and parish of birth;

(d)     the original date of the registration of the birth of the child;

(e)     the first names, last name and occupation (if applicable) of the mother;

(f)      the first names, last name and occupation of the registered father;

(g)     the first names, last name and occupation of the biological father;

(h)     any previous names of the mother, registered father or biological father.