Legitimacy of children of void and voidable marriages

Civil198032 sections

Statutory text

(1) Notwithstanding that a marriage is null and void under section 11, any child of such marriage who would have been legitimate if the marriage had been valid, shall be legitimate whether such child is born before or after the commencement of this Act and whether or not a decree of nullity is granted in respect of that marriage under this Act and whether or not the marriage is held to be void otherwise than on a petition under this Act.
(2) Where a decree or nullity is granted in respect of a voidable marriage under section 12, any child be gotten or conceived before the decree is made, who would have been the legitimate child of the parties to the marriage if at the date of the decree it had dissolved instead of being annulled, shall be deemed to be their legitimate child notwithstanding the decree of nullity.
(3) Nothing contained in sub-section
(1) or sub-section
(2) shall be construed as conferring upon any child of a marriage which is null and void or which is annulled by a decree of nullity under section 12, any rights in or to the property of any person, other than the parents, in any case where, but for passing of this Act, such child would have been incapable of possessing, or acquiring any such rights by reason of his not being the legitimate child of his parents.

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