AI-assisted research summary: This amendment changes rules on legitimacy: it creates a presumption that a husband is the father of a child born or conceived during a lawful marriage, allows that presumption to be rebutted by strong and satisfactory evidence, and lets certain people apply to the Court for a decree that a child is illegitimate.
Legitimacy (Amendment) (Jersey) Law 2008 Arrangement Article 1 Interpretation . 491 2 Article 2 amended . 491 3 Article 7 amended . 491 4 Citation and commencement 492 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 [1] chapter 12.450