Statement by the Delegation of the United States of America on the Russia’s ongoing aggression against Ukraine and illegal occupation of Crimea
No person whose status is governed by Scots law shall be illegitimate; and accordingly the fact that a person's parents are not or have not been married to each other shall be left out of account in—
determining the person's legal status; or
establishing the legal relationship between the person and any other person.
... Any reference (however expressed) in any enactment or deed to any relative shall, unless the contrary intention appears in the enactment or deed, be construed in accordance with subsection (1) above.
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subsection (4) below ;
section 2(l)(b); and
section 9(1).
Nothing in this section shall apply to the construction or effect of—
any enactment passed or made before the commencement of section 21 of the Family Law (Scotland) Act 2006 (asp 2) ;
any deed executed before such commencement;
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In subsection (4), “ enactment ” includes an Act of the Scottish Parliament.
It shall no longer be competent to bring an action for declarator of legitimacy, legitimation or illegitimacy.
Subject to sections 3 and 4 of this Act—
a child's mother shall have parental rights whether or not she is or has been married to the child's father ;
a child's father shall have parental rights only if he is married to the child's mother or was married to her at the time of the child's conception or subsequently.
For the purposes of subsection (11(b) above, the father shall be regarded as having been married to the mother at any time when he was a party to a purported marriage with her which was—
voidable, or
void, but believed by him in good faith at that time to be valid, whether that belief was due to an error of fact or an error of law.
Nothing in this section shall affect any enactment or rule of law by virtue of which a parent may be granted or deprived of parental rights.
Where two or more persons have any parental right, each of them may exercise that right without the consent of the other person or, as the case may be, any of the other persons unless any decree or deed conferring the right otherwise provides.
Any person claiming interest may make an application to the court for an order relating to parental rights and file court may make such order relating to parental rights as it thinks fit.
In any proceedings relating to parental rights the court shall regard the welfare of the child involved as the paramount consideration and shall not make any order relating to parental rights unless it is satisfied that to do so will be in the interests of the child.
Any person appointed by a court to be a tutor to a child shall, unless the court otherwise orders, become curator to the child when the child attains the age of minority.
The parent of a child may appoint any person to be tutor or curator of the child after his death, but any such appointment shall be of no effect unless—
the appointment is in writing and signed by the parent; and
the parent at the time of his death was tutor or curator of the child or would have been such tutor if he had survived until after the birth of the child.
Any person appointed under subsection (1) above to be tutor to a child shall, unless the appointment otherwise specifically provides, become curator to the child when the child attains the age of minority.
Nothing in this section shall affect any power to appoint, or any appointment of, a tutor for the purposes of the administration of any property given or bequeathed to a child.
A man shall be presumed to be the father of a child—
if he was married to or in a civil partnership with the mother of the child at any time in the period beginning with the conception and ending with the birth of the child;
where paragraph (a) above does not apply, if both he and the mother of the child have acknowledged that he is the father and he has been registered as such in any register kept under section 13 (register of births and still-births) or section 44 (register of corrections, etc.) of the Registration of Births, Deaths and Marriages (Scotland) Act 1965 or in any corresponding register kept under statutory authority in any part of the United Kingdom other than Scotland.
Subsection (1)(a) above shall apply—
in the case of a void, voidable or irregular marriage as it applies in the case of a valid and regular marriage,
in the case of a void or voidable civil partnership as it applies in the case of a valid civil partnership.
Without prejudice to the effect under any rule of law which a decree of declarator in an action to which section 7 of this Act applies may have in relation to the parties, a decree of declarator in such an action shall give rise to a presumption to the same effect as the decree; and any such presumption shall displace any contrary presumption howsoever arising.
Any presumption under this section may be rebutted by proof on a balance of probabilities.
This section applies where, for the purpose of obtaining evidence relating to the determination of parentage in civil proceedings, a sample of blood or other body fluid or of body tissue is sought by a party to the proceedings or by a curator ad litem.
Where such a sample is sought from a child under the age of 16 years, consent to the taking of the sample may be given by his any person having parental responsibilities (within the meaning of section 1(3) of the Children (Scotland) Act 1995) in relation to him or havingcare and control of him.
Where such a sample is sought from any person who is incapable of giving consent, the court may consent to the taking of the sample where—
there is no person who is entitled to give such consent, or
there is such a person, but it is not reasonably practicable to obtain his consent in the circumstances, or he is unwilling to accept the responsibility of giving or withholding consent.
The court shall not consent under subsection (3) above to the taking of such a sample from any person unless the court is satisfied that the taking of the sample would not be detrimental to the person’s health.
An action for declarator of parentage, or non-parentage may be brought in the Court of Session or the sheriff court.
Such an action may be brought in the Court of Session if and only if the child was born in Scotland or the alleged or presumed parent or the child—
is domiciled in Scotland on the date when the action is brought;
was habitually resident in Scotland for not less than one year immediately preceding that date; or
died before that date and either—
was at the date of death domiciled in Scotland; or
had been habitually resident in Scotland for not less than one year immediately preceding the date of death.
Such an action may be brought in the sheriff court if and only if—
the child was born in the sheriffdom, or
an action could have been brought in the Court of Session under subsection (2) above and the alleged or presumed parent or the child was habitually resident in the sheriffdom on the date when the action is brought or on the date of his death.
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Nothing in any rule of law or enactment shall prevent the court making in any proceedings an incidental finding as to parentage, or non-parentage for the purposes of those proceedings.
In this section “the alleged or presumed parent” includes a person who claims or is alleged to be or not to be the parent.
In this Act, unless the context otherwise requires, the following expressions shall have the following meanings respectively assigned to them—
" parent " includes natural parent;
“deed” means any disposition, contract, instrument or writing whether inter vivos or mortis causa;
" tutor " does not include tutor ad litem.
in relation to custody or access, a child under the age of 16 years;
in relation to tutory, a pupil;
" the court " means the Court of Session or the sheriff;
Section 10(1).
In section 25 (application to certain tutors and curators) at the end there shall be inserted the following new subsection—
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In section 2 (definitions), in the definition of “trustee”, after the word “tutor” there shall be inserted the words “ (including a father or mother acting as tutor of a pupil) ”.
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In section 9(1) (jurisdiction of court as respects children where action dismissed), for the words from “with respect” to “that child” there shall be substituted the words “ relating to parental rights as could be made ”.
In section 33(1) (construction of existing deeds), for the words “deed taking effect after the commencement of this Act”, where those words second occur, there shall be substituted the words “ such deed ”. In section 36 (interpretation), at the end there shall be added the following subsection—.
In section 14 (duty to give information of particulars of birth), at the end there shall be added the following subsection— In section 18 (births of illegitimate children), for subsection (1), there shall be substituted the following subsections— In section 18, in subsection (2)— After section 18 there shall be inserted the following section—. In section 20 (re-registration in certain cases)— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . In section 43(3) (recording of baptismal name or change of name or surname), for the words from “in the case” to “the mother is” there shall be substituted the words “ if both parents are ”. In this section, “father” and “parent”, in relation to a child, do not include a father who is not married to the mother and has not been married to her since the child’s conception and who is not the child’s tutor or curator and is not entitled to custody of the child. In section 56 (interpretation), in subsection (1), there shall be inserted (in their appropriate alphabetical place) the following definitions—. In section 56, at the end there shall be added the following subsection—
In section 16(11) (assumption of parental rights by local authority), for paragraph (c) there shall be substituted—. In section 18(4) (duration and recission of resolutions under section 16), for the words from “section” to “1925” there shall be substituted the words “ the Law Reform (Parent and Child) (Scotland) Act 1986 ” . . . In section 81(2) (decrees for aliment)— In section 81(4)(b), for the words “father of a child” there shall be substituted the words “ person liable to pay aliment for a child under a decree ”, and for the words “the father” where those words second occur there shall be substituted the words “ that person ”. In section 88(3) (duty of parents to notify change of address), for the word “father” there shall be substituted the word “ person ”. In section 94(1) (interpretation), in the definition of “guardian”, . . . for the word “charge” there shall be substituted the words “ custody or charge ”.
and
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In Schedule 2 (ancillary and collateral orders (Scotland)), in paragraph 3 for the words from “or for” to the end there shall be substituted the words “ and paragraph (2C) of the said section 5. ”
In section 47(2) (granting of custody)— In section 49(1) (notice to local authority of certain custody applications), for the words “a relative, step-parent or foster parent” there shall be substituted the words “ not a parent ”. In section 55(1) (interpretation and extent of sections 47 to 55), at the end there shall be added the words “ and ”relative’ means a grand-parent, brother, sister, uncle or aunt, whether of the full blood or half blood or by affinity ”. In section 55(2), at the end there shall be added the words “ and shall be construed in accordance with section 1(1) of the Law Reform (Parent and Child) (Scotland) Act 1986 ”.
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At the end of section 2 (marriage of related persons) there shall be inserted the following subsection—.
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In section 13(1) (interpretation of Part III), for the words from “an illegitimate” to the end there shall be substituted the words “ section 1(1) of the Law Reform (Parent and Child) (Scotland) Act 1986 shall apply; and any reference (however expressed) in this Part of this Act to a relative shall be construed accordingly ”.
In section 6 (offence in Scotland of parent, etc. taking or sending child out of United Kingdom)—
in subsection (2)(c), for the words “an illegitimate child” there shall be substituted the words “ a child whose parents are not and have never been married to one another ”; and
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Section 10(2). Chapter Short title Extent of repeal 1830 c. 69. The Court of Session Act 1830. In section 33, the words “and all actions of declarator of legitimacy and of bastardy,”. 1836 c. 22. The Bastards (Scotland) Act 1836. The whole Act. 1886 c. 27. The Guardianship of Infants Act 1886. The whole Act. 1907 c. 51. The Sheriff Courts (Scotland) Act 1907. In section 5, in paragraph (1), the words from “and” to “individuals”, paragraph (1A) and, in paragraph (2), the words from “and actions” to the end. 1925 c. 45. The Guardianship of Infants Act 1925. The whole Act. 1928 c. 26. The Administration of Justice Act 1928. Section 16. 1930 c. 33. The Illegitimate Children (Scotland) Act 1930. The whole Act. 1932 c. 47. The Children and Young Persons (Scotland) Act 1932. The whole Act. 1939 c. 4. The Custody of Children (Scotland) Act 1939. The whole Act. 1948 c. 29. The National Assistance Act 1948. Section 44. 1958 c. 40. The Matrimonial Proceedings (Children) Act 1958. Section 7. In section 8(1), the words “maintenance and education”. In section 10(1), the words “maintenance and education”. In section 11(1), the words “maintenance and education”. In section 13(1) and (1A), the words “maintenance and education.” Section 14. 1964 c. 41. The Succession (Scotland) Act 1964. Section 4. In section 6, the words from “For the purposes” to the end. In section 9(1)(a) and (b), the words from “or by any” to “intestate”. Section 10A. In section 11, in subsection (1), the words from “by virtue” to “rule of law” and the words from “In this” to the Chapter Short title Extent of repeal 1964 c. 41cont. The Succession (Scotland) Act 1964—cont. end, in subsection (2), the words from “For the purposes” to the end and, in subsection (4), the words “section 10A of this Act or of”. In section 13, the words from “In this section” to the end. In section 33(1), the words from “(other than” to “said section 10A”. In section 36(1), in the definition of “issue”, the word “lawful”. 1965 c. 49. The Registration of Births, Deaths and Marriages (Scotland) Act 1965. In section 18(2)(c), the words “within the like period”. In section 43(3), the words from “in this definition” to the end. 1968 c. 49. The Social Work (Scotland) Act 1968. In section 81, subsection (1); in subsection (2) the words “for aliment” where second occurring; and, in subsection (3), the words from the beginning to “section or”. 1968 c. 70. The Law Reform (Miscellaneous Provisions) (Scotland) Act 1968. Sections 1 to 6. In section 7, the words from the beginning to “this Act”. In section 11, in subsection (1), paragraph (b) and the preceding “and”, the words “or, as the case may be, is (or was) the father of that child” and the words “or paternity”; in subsection (2) the words from “or to” to “section”, the words from “or, as” to “child” and the words “or affiliation”; in subsection (3) the words “or affiliation”; and in subsection (6) paragraph (b). 1973 c. 29. The Guardianship Act 1973. Section 10. Section 11(6). In section 12(1)(b), the words “under the Guardianship of Infants Act 1886”. Section 15(1)(b). Schedule 4. In Schedule 5, paragraphs 1 to 3. 1973 c. 45. The Domicile and Matrimonial Proceedings Act 1973. In Schedule 2, in paragraph 4, the words from “as extended” to the end, and paragraph 8. Chapter Short title Extent of repeal 1975 c. 72. The Children Act 1975. In section 47, subsection (1); in subsection (2) the words from “having” to “decided)”; subsection (3); and in subsection (5) paragraphs (b) and (c). In section 48(1), the words from “and for this” to the end. In section 53, in subsection (1), the words from “the applicant” to “child and”. . . . . . . . . . Section 19. 1977 c. 15. The Marriage (Scotland) Act 1977. Section 2(2)(b) and the word “and” preceding it. 1978 c. 28. The Adoption (Scotland) Act 1978. In section 65(1), in paragraph (a) of the definition of “guardian”, the words from “in accordance” to “1971”. 1983 c. 12. The Divorce Jurisdiction, Court Fees and Legal Aid (Scotland) Act 1983. In Schedule 1, paragraphs 3 and 4.
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“parent” includes natural parent;
“parentage” means that a person is or was the parent, or is or was the child, of another person;
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Nothing in this Act shall—
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subject to subsection (1A) below, except to the extent that Schedules 1 and 2 to this Act otherwise provide, affect the law relating to adoption of children;
apply to any title, coat of arms, honour or dignity transmissible on the death of the holder thereof or affect the succession thereto or the devolution thereof (including, in particular, the competence of bringing an action of declarator of legitimacy, legitimation or illegitimacy in connection with such succession or devolution) ;
affect the functions of the Lord Lyon King of Arms so far as relating to the granting of arms;
affect the right of legitim out of, or the right of succession to, the estate of any person who died before the commencement of this Act.
Subsections (1) and (2) of section 1 of this Act shall apply in relation to adopted children.
The court may at any time vary or recall any order made under section 3 of this Act or consent given by it under section 6 of this Act.
The enactments specified in Schedule 1 to this Act shall have effect subject to the amendments set out in that Schedule.
The enactments specified in Schedule 2 to this Act are hereby repealed to the extent set out in the third column of that Schedule.
This Act may be cited as the Law Reform (Parent and Child) (Scotland) Act 1986.
This Act shall come into operation on such day as the Secretary of State may appoint by order made by statutory instrument.
An order under subsection (2) above may contain such transitional provisions and savings as appear to the Secretary of State necessary or expedient in connection with the coming into operation of this Act.
This Act shall extend to Scotland only.