A child’s legal status will no longer depend on whether their parents are married, after States Members voted to scrap the “outdated” classification of “illegitimacy” from Jersey law.
The States Assembly yesterday approved the Draft Civil Status (Abolition of Legitimacy) Law by 45 votes to none – with four Members absent.
The change means children born to unmarried or same-sex parents will no longer be marked differently in official records.
It will come into effect this autumn, alongside the Children and Civil Status Law, which gives same-sex couples the right to be legally recognised as joint parents.
The move will end the current situation where only children born to married, mixed-sex couples are classed as “legitimate” at birth.
Last year, just 53% of babies born in Jersey were given this status – leaving nearly half officially labelled “illegitimate”.
Home Affairs Minister Mary Le Hegarat, who brought the proposal forward to abolish the “outdated” concept of legitimacy, described it as a “historical legacy” out of step with today’s families.
Her proposal cited the United Nations Convention on the Rights of the Child and the European Convention on Human Rights, both of which support the principle of non-discrimination on the basis of birth.
The change is part of a wider package of reforms aimed at modernising family law.