Children Act 1975

Section 8.

SCHEDULE 1Status conferred by adoption or legitimation in England and Wales

PART IInterpretation

1(1)This Part applies for the construction of this Schedule, except where the context otherwise requires.

(2)" Adoption " means adoption—

(a)by an adoption order as defined in section 107,

(b)by an adoption order made under the 1958 Act or the [1950 c. 26.] Adoption Act 1950 or any enactment repealed by the Adoption Act 1950,

(c)by an order made in Northern Ireland, the Isle of Man or in any of the Channel Islands,

(d)which is an overseas adoption as denned by section 4(3) of the [1968 c. 53.] Adoption Act 1968, or

(e)which is an adoption recognised by the law of England and Wales, and effected under the law of any other country,

and cognate expressions shall be construed accordingly.

(3)" Legitimation " means—

(a)legitimation under section 1 of the [1926 c. 60.] Legitimacy Act 1926,

(b)legitimation within section 8 of that Act (legitimation by extraneous law), or

(c)legitimation (whether or not by virtue of subsequent marriage of the parents) recognised by the law of England and Wales, and effected under the law of any other country,

and cognate expressions shall be construed accordingly.

(4)These definitions of adoption and legitimation include, where the context admits, those effected before the passing of this Act, and the date of an adoption effected by an order is the date of the making of the order.

(5)" Existing ", in relation to any enactment or other instrument, means one passed or made before 1st January 1976 (and whether or not before the passing of this Act).

(6)The death of the testator is the date at which a will or codicil is to be regarded as made.

Dispositions of property

2(1)In this Schedule—

• " disposition " includes the conferring of a power of appointment and any other disposition of an interest in or right over property;

• " power of appointment " includes any discretionary power to transfer a beneficial interest in property without the furnishing of valuable consideration.

(2)This Schedule applies to an oral disposition of property as if contained in an instrument made when the disposition was made.

PART IIAdoption Orders

Status conferred by adoption

3(1)An adopted child shall be treated in law—

(a)where the adopters are a married couple, as if he had been born as a child of the marriage (whether or not he was in fact born after the marriage was solemnized);

(b)in any other case, as if he had been born to the adopter in wedlock (but not as a child of any actual marriage of the adopter).

(2)An adopted child shall be treated in law as if he were not the child of any person other than the adopters or adopter.

(3)It is hereby declared that this paragraph prevents an adopted child from being illegitimate.

(4)This paragraph has effect—

(a)in the case of an adoption before 1st January 1976, from that date, and

(b)in the case of any other adoption, from the date of the adoption.

(5)Subject to the provisions of this Part, this paragraph applies for the construction of enactments or instruments passed or made before the adoption or later, and so applies subject to any contrary indication.

(6)Subject to the provisions of this Part, this paragraph has effect as respects things done, or events occurring, after the adoption, of after 31st December 1975, whichever is the later.

Vocabulary

4A relationship existing by virtue of paragraph 3 may be referred to as an adoptive relationship, and—

(a)a male adopter may be referred to as the adoptive father;

(b)a female adopter may be referred to as the adoptive mother;

(c)any other relative of any degree under an adoptive relationship may be referred to as an adoptive relative of that degree,

but this paragraph does not prevent the term " parent", or any other term not qualified by the word " adoptive ", being treated as including an adoptive relative.

Instruments and enactments concerning property

5(1)Paragraph 3—

(a)does not apply to an existing instrument or enactment so far as it contains a disposition of property, and

(b)does not apply to any public general Act in its application to any disposition of property in an existing instrument or enactment.

(2)The repeal by this Act of sections 16 and 17 of the 1958 Act, and of provisions containing references to those sections, does not affect their application in relation to a disposition of property effected by an existing instrument.

(3)For the purposes of this paragraph, and of paragraph 6, provisions of the law of intestate succession applicable to the estate of a deceased person shall be treated as if contained in an instrument executed by him (while of full capacity) immediately before his death.

6(1)Subject to any contrary indication, the rules of construction contained in this paragraph apply to any instrument, other than an existing instrument, so far as it contains a disposition of property.

(2)In applying paragraph 3(1) to a disposition which depends on the date of birth of a child or children of the adoptive parent or parents, the disposition shall be construed as if—

(a)the adopted child had been born on the date of adoption,

(b)two or more children adopted on the same date had been born on that date in the order of their actual births,

but this does not affect any reference to the age of a child.

(3)Examples of phrases in wills on which sub-paragraph (2) can operate are—

Note. Sub-paragraph (2) will not affect the reference to the age of 21 years in example 2.

(4)Paragraph 3(2) does not prejudice any interest vested in possession in the adopted child before the adoption, or any interest expectant (whether immediately or not) upon an interest so vested.

(5)Where it is necessary to determine for the purposes of a disposition of property effected by an instrument whether a woman can have a child, it shall be presumed that once a woman has attained the age of fifty-five she will not adopt a child after execution of the instrument, and notwithstanding paragraph 3 if she does so the child shall not be treated as her child or as the child of her spouse (if any) for the purposes of the instrument.

(6)In this paragraph " instrument" includes a private Act settling property, but not any other enactment.

(7)Paragraph 3(6) has effect subject to this paragraph.

Other enactments and instruments

7(1)Paragraph 3 does not apply for the purposes of the table of kindred and affinity in Schedule 1 to the [1949 c. 76.] Marriage Act 1949 or sections 10 and 11 (incest) of the [1956 c. 69.] Sexual Offences Act 1956.

(2)Paragraph 3 does not apply for the purposes of any provision of—

(a)the British Nationality Acts 1948 to 1965,

(b)the [1971 c. 77.] Immigration Act 1971,

(c)any instrument having effect under an enactment within paragraph (a) or (b), or

(d)any other provision of the law for the time being in force which determines citizenship of the United Kingdom and Colonies.

(3)Paragraph 3 shall not prevent a person being treated as a near relative of a deceased person for the purposes of section 32 of the [1975 c. 14.] Social Security Act 1975 (payment of death grant), if apart from paragraph 3 he would be so treated.

(4)Paragraph 3 does not apply for the purposes of section 70(3)(b) or section 73(2) of the Social Security Act 1975 (payment of industrial death benefit to or in respect of an illegitimate child of the deceased and the child's mother).

(5)Subject to regulations made under section 72 of the Social Security Act 1975 (entitlement of certain relatives of deceased to industrial death benefit), paragraph 3 shall not affect the entitlement to an industrial death benefit of a person who would, apart from paragraph 3, be treated as a relative of a deceased person for the purposes of the said section 72.

Pensions

8Paragraph 3(2) does not affect entitlement to a pension which is payable to or for the benefit of a child and is in payment at the time of his adoption.

Adoption of child by natural parents

9In the case of a child adopted by one of its natural parents as sole adoptive parent, paragraph 3(2) has no effect as respects entitlement to property depending on relationship to that parent, or as respects anything else depending on that relationship.

Peerages, etc.

10An adoption does not affect the descent of any peerage or dignity or title of honour.

Insurance

11Where a child is adopted whose natural parent has effected an insurance with a friendly society or a collecting society or an industrial insurance company for the payment on the death of the child of money for funeral expenses, the rights and liabilities under the policy shall by virtue of the adoption be transferred to the adoptive parents who shall for the purposes of the enactments relating to such societies and companies be treated as the person who took out the policy.

PART IIILegitimation

Instruments concerning property

12(1)Subject to any contrary indication, the rules of construction contained in this paragraph apply to any instrument, other than an existing instrument, so far as the instrument contains a disposition of property.

(2)For the purposes of this paragraph, provisions of the law of intestate succession applicable to the estate of a deceased person shall be treated as if contained in an instrument executed by him (while of full capacity) immediately before his death.

(3)A legitimated person, and any other person, shall be entitled to take any interest as if the legitimated person had been born legitimate.

(4)A disposition which depends on the date of birth of a child or children of the parent or parents shall be construed as if—

(a)a legitimated child had been born on the date of legitimation,

(b)two or more children legitimated on the same date had been born on that date in the order of their actual births,

but this does not affect any reference to the age of a child.

(5)Examples of phrases in wills on which sub-paragraph (4) can operate are set out in paragraph 6(3).

(6)If an illegitimate person, or a person adopted by one of his natural parents, dies (before the passing of this Act or later) and—

(a)his parents subsequently marry, and

(b)the deceased would, if living at the time of the marriage, have become a legitimated person,

section 1(1) of the [1926 c. 60.] Legitimacy Act 1926 and this paragraph shall apply for the construction of the instrument so far as it relates to the taking of interests by, or in succession to, his spouse, children and remoter issue as if he was legitimated at the date of the marriage.

(7)In this paragraph " instrument" includes a private Act settling property, but not any other enactment.

(8)Section 1(1) of the Legitimacy Act 1926 has effect subject to the provisions of this paragraph.

(9)Part II of Schedule 4, which repeals enactments superseded by this paragraph, has effect as respects any instrument, other than an existing instrument.

Legitimation of adopted child

13(1)Paragraph 3 does not prevent an adopted child being legitimated under the Legitimacy Act 1926 if either natural parent is the sole adoptive parent.

(2)Where an adopted child (with a sole adoptive parent) is legitimated—

(a)paragraph 3(2) shall not apply after the legitimation to the natural relationship with the other natural parent, and

(b)revocation of the adoption order in consequence of the legitimation shall not affect Part II as it applies to any instrument made before the date of legitimation.

PART IVSupplemental

Dispositions depending on date of birth

14(1)Where a disposition depends on the date of birth of a child who was born illegitimate and who—

(a)is adopted by one of the natural parents as sole adoptive parent, or

(b)is legitimated (or, if deceased, is treated as legitimated),

paragraph 6(2) and paragraph 12(4) do not affect entitlement under Part II of the [1969 c. 46.] Family Law Reform Act 1969 (illegitimate children).

(2)Where a disposition depends on" the date of birth of an adopted child who is legitimated (or, if deceased, is treated as legitimated), paragraph 12(4) does not affect entitlement by virtue of paragraph 6(2).

(3)This paragraph applies for example where-

(a)a testator dies in 1976 bequeathing a legacy to his eldest grandchild living at a specified time,

(b)his daughter has an illegitimate child in 1977 who is the first grandchild,

(c)his married son has a child in 1978,

(d)subsequently the illegitimate child is adopted by the mother as sole adoptive parent or is legitimated,

and in all those cases the daughter's child remains the eldest grandchild of the testator throughout.

Protection of trustees and personal representatives

15(1)A trustee or personal representative is not under a duty, by virtue of the law relating to trusts or the administration of estates, to enquire, before conveying or distributing any property, whether—

(a)any adoption has been effected or revoked, or

(b)any person is illegitimate, or is adopted by one of his natural parents, and could be legitimated (or if deceased be treated as legitimated),

if that fact could affect entitlement to the property.

(2)A trustee or personal representative shall not be liable to any person by reason of a conveyance or distribution of the property made without regard to any such fact if he has not received notice of the fact before the conveyance or distribution.

(3)This paragraph does not prejudice the right of a person to follow the property, or any property representing it, into the hands of another person, other than a purchaser, who has received it.

Property devolving with peerages, etc.

16(1)This Schedule shall not affect the devolution of any property limited (expressly or not) to devolve (as nearly as the law permits) along with any peerage or dignity or title of honour.

(2)This paragraph applies only if and so far as a contrary intention is not expressed in the instrument, and shall have effect subject to the terms of the instrument.

Entails

17It is hereby declared that references in this Schedule to dispositions of property include references to a disposition by the creation of an entailed interest.

PART VExtent

18This Schedule does not apply to Scotland.