Legitimacy (Amendment)
(Jersey) Law 2008
A LAW to amend further the Legitimacy
(Jersey) Law 1973 and for connected purposes
Adopted by the
States 29th January 2008
Sanctioned by
Order of Her Majesty in Council 9th October 2008
Registered by the
Royal Court 24th
October 2008
THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, have
adopted the following Law –
1 Interpretation
In this Law,
“principal Law” means the Legitimacy (Jersey) Law 1973[1].
2 Article 2 amended
In Article 2 of the principal Law, for paragraph (2) there
shall be substituted the following paragraph –
“(2) The fact that a child is born
or conceived during the subsistence of a lawful marriage raises a presumption
that the husband is the father of the child which may be rebutted only by
strong and satisfactory evidence to the contrary.”.
3 Article 7 amended
In Article 7 of the principal Law, for paragraph (1) there
shall be substituted the following paragraphs –
“(1) Any of the following persons
may apply by petition to the Court for a decree declaring that a child who was
born in Jersey, or who was born abroad of a mother who was domiciled in Jersey
at the time of the birth, is illegitimate –
(a) a man who, in accordance with
Article 2, is presumed to be the father of the child;
(b) the mother of the child;
(c) a man who claims to be the father of the
child.
(1A) Any person whose right to any immovable or movable
estate situate in Jersey is affected by the legitimacy of a child, whether the
child was born in Jersey or elsewhere, may apply by petition to the Court for a
decree declaring that the child is illegitimate.”.
4 Citation and commencement
This Law may be cited as the Legitimacy (Amendment) (Jersey) Law
2008 and shall come into force 7 days after it is registered.
m.n. de la haye
Greffier of the States