U P . 278.

CYPRUS

ILLEGITIMATE CHILDREN

CHAPTER 278 OF THE LAWS

1959 EDITION

PRINTED BY
C. F. ROWORTH LIMITED, 54, GRAFTON WAY, LONDON, W.l.
[Appointed by the Government of Cyprus the Government Printers of this Edition
of Laws within ths meaning of the Evidence (CoZonial Statutes) Act, 1907.1
1959
2 CAP. 278.1 ILLEGITIMATE CHILDREN.
.___ ____ ____

CHAPTER 278.
ILLEGITIMATE CHILDREN.
ARRANGEMENT OF SECTIONS.
PARTI.
PRELIMINARY.
Section page
1 Short title ... ... ... ... ... 2
2 Interpretation ... ... ... ... 2
3 Legal status of illegitimate child ... ... ... 3

PART11.
LEGITIMATION.
Legitiiwulion by subsequevit iiturriage.
4 Ixgi tirnat ion by subsequent marriage ... ... ... 3
5 Application of Law to illegiliinate child dying before marriage of parents 3
Legitimnilo~r by ordcv cf the Couvt.
6 Legitimation by order of tlie Court ... ... ... 4
7 Legal etfccts of 1egit.iiiiationby order of the Court . . ... 4
PART 111.
AFFILIATIOS.
8 Application and suinmons for an aftiliation order ... ... 4
9 Malting of affiliation order, etc. ... ... ... 5
10 Variation o f affiliation order ... ... 5
)n or dischargr o f affiliation orJer 6
of payment undcr afTiliation order 0
13 Appsals ... ... ... ... ... 7
11 Provisions in other Laws unaffected ... ... ... 7
PhRT Iv.
hlISCELLANEOIJS.
15 Rules of Court 7
16 Saving 8

A LAWTO COXSOLIDATE AND AMEND THE LAW RELATING TO

ILLEGITIMATE CHILDREN.
15 of 55. [22nd April, 1955.1
P A ~ I.
T
PRELIMINARY.
Short title- 1. This Law may be cited as the Illegitimate Children
Law.
~ n t e ~ x e t a - 2. In this Law, unless the context otherwise requires-
tion.
“affiliation order” means an order made by the
Court under the provisions of this Law whereby the
putative father of an illegitimate child is required to pay
 1‘
: r

ILLEGITIMATE CHILDREN. [CAP.278. 3

sums of money towards the maintenance and education
of the child and to make such other payments in
connection with the child as may be directed by the
order;
“Court” means a judicial officer of the District Court
of competent jurisdiction of the District where the child
has his ordinary residence ;
“legitimated person” means a person legitimated
under this Law ;
“illegitimate child” means a child born out of lawful
wedlock ;
“putative father” means, in relation to an illegitimate
child, a person adjudged by the Court to be the father
of the child;
“will” includes codicil.
3. An illegitimate child shall have the legal status of a Legalstatus
legitimate child in respect of his mother and her relatives by Omf~~~$~i~d.
blood.
PART11.
LEGITIMATION.
Legitimation by subsequent marriage.
4. Where the parents of an illegitimate child marry one Legitima-
another such child shall acquire, as from the date of his :“ysZent
birth, the legal status of a legitimate child in respect of both marriage.
his father and mother and their relatives by blood.
5. Where an illegitimate child dies after the commence-
ment of this Law and before the marriage of his parents
leaving any spouse, children or remoter issues living at the
;:
Application

matechild
date of such marriage then, if that child would, if living at ~~~~$~~
the time of the marriage of his parents, have become a parents.
legitimated person, the provisions of this Law shall apply
as if such child had been a legitimate child as from the date
of his birth.

Legitimation by order of Court.

6. (1) An illegitimate child may be declared legitimate Legitima-
by an order of a Court under the provisions of this section. :;$pOyf
Court.
(2) An order under subsection (1) may be made on
application to the Court by or on behalf of the father:
Provided that where the father is dead such application
4 CAP. 278.1 ILLEGITIMATE CHILDREN.

=ay be made by the child himself if the father has recognized

by his will the child as his.
(3) No order shall be made under subsection (2) unless-
(a) at the time of the conception of the child a
marriage between the parents would not be
forbidden, on account of relationship by blood
or by marriage, by the family law of the religious
community to which the person, who claims or is
alleged to be the father, belongs;
(6) the father cannot adopt the child under the
Cap. 271. provisions of the Adoption Law;
(c) the legitimation by subsequent marriage under
section 4 became impossible owing to the death
of the mother or for any other reason;
(d) where the father is married, his wife consents to
such an order being made;
(e) where the child is not the applicant, such child, or
in case of his incapacity his guardian or the
person appointed by the Court to represent the
child in this respect, consents to such an order
being made.
Legal effects
of legiti- 7. A leg.ltimated p m o n by an older of the Court under
mation by section 6 shall, as from the date of the birr 11, h a w the legd
order of
court status of a legitimate cliild in respect of both his iather and
mother and their relatives by blood.

AFFILlATION .
Application
and 8. Subject to any Rules of Court-
summons (a) (i) the mother of an illegitimate child, at any time
for an
affihation before the birth of the child or at any time
order. w i t h five years from such birth; or
(ii) when the mother is dead the person having the
custody of the child, or where the child is a
charge on public funds a welfare officer, a t any
time within five years from the birth of the
child,
may apply to the Court for an affiliation order :
Provided that, where such mother is a
married woman, 118 such application s h d be
 I “GITIMATE CHILDREN. [CAP. 278. 5
0 I__-

made by her, unless at the time of the conception

of the child and since that time she was
apart from her husband;
(b) if the Court is satisfied that there is a priina f w i e
case for the alleged father to answer, the Co.~asl
shall issue a summons to him to appear before
the Court on a date fixed in the summons and
shall cause such summons to be served on him:
Provided that the Court shall refuse to i s ~ 9e
summons if satisfied that there is re~Lsonabk
cause to believe that the person alleged to be the
father of the child is not in truth and in fact
the father of such child or that such applicatim
is not made boiau)ide but made for the purpose on^
intirnidation or extortion.

9. (1) Sailrpject l o m y Rules of Court, on the date fixed in R f a k w o+

affilla:lOR
the summ-ins,t l ,ourt shall pi.oceed to hear the case and, if order, + ,
satisfied tipon the evidence :hat the alleged father is in
truth and in fact the father of the child, the Court shall
adjudge him to be the putarivc: lather of the child and make
an affiliation order subject to such terms and coliditions
as the Court may deem fit tc iiiipose:
Provided that the Court shall nut adjudge the alleged
father to be the putative father uf tl:e child unless ther: is
evidence as to the paternity of thc child implicating the
alleged father and such evidenc,: is corroborated in a
material particular.
(2) The alleged father shall be deemed to be the father of
the child if he has co-habited with the mother, to the
exclusion of all other male persms, at any time during the
period of possible conception specified in subsection j3),
unless it is made to appear that it is impossible that the
mother has conceived the child in consequence of such
co-habitation.
(3) The period of possible conception mentioned in sub-
section (2) is the period between the one hundred and
eighty-first day and the three hundred and second day,
both inclusive, before the birth of the child.
18. Where the circumstances affecting the case havc 73%3* , of
rrd1ar ir in
changed since the making of an affiliation order and P order
appears to the Court to be Just and equitable, taking intc
6 CAP. 278.1 ILLEGITIMATE CHILDREN.
consideration the change in circumstances, the Court may,
upon application by any interested party, amend or vary
any term or condition of the order.
or
discharge of
11. (1) An affiliation order shall, except for the purpose of
affiliation recovering money previously due thereunder, cease to
order. have any force or validity:-
(a) after the death of the child;
(b) after the marriage of the putative father and the
mot her ;
(c) after an adoption order in respect of the child has
been made under the provisions of the Adoption
Cap. 274. Law;
(d) after the child has attained the age of sixteen
years :
Provided the Court may, when the special
circumstances of the case so require, extend
such period until the child attains the age of
eighteen years.
(2) The Court may discharge an affiliation order-
(a) at any time upon proof that the putative father is
not the father of the child;
(b) where the period of duration of an affiliation order
has been extended under the proviso to para-
graph ( d ) of subsection (l), the Court is satisfied
that the special circumstances which led to such
extension no longer exist:
Provided that no repayment of any sum paid by the
putative father under the order shall be made.

h-of 12. (1) In any case in which it is made to appear to the

payment
under&& Court that any sum payable under an affiliation order has
ation order. not been paid within seven days after such payment is due,
the Court may issue a warrant for the putative father to be
brought before the Court.
(2) If, on appearing before the Court, the putative father
then unjustifiably refuses or neglects to pay all arrears due
together with the costs of the proceedings, the Court may
issue a writ of execution, or, in lieu thereof, the Court may
order that such arrears and costs be levied and recovered as
a penalty in all respects in accordance with and subject to
cap. 155. the provisions of the Criminal Procedure Law, or any Law
amending or substituted for the same, including the power
 ILLEGITIMATE CHILDREN. [CAB.278. 7
to commit to prison in lieu of issuing a warrant for
execution :
Provided that no order shall be made for the recovery of
arrears falling due more than six months prior to the making
of the application.
(3) No writ of execution or warrant for commitment
under subsection (2) shall affect the validity and effect of an
affiliation order.
(4) For the purposes of this section, a sum payable
under an affiliation order shall be deemed to be in arrear if
no written receipt of its payment can be adduced.

13. Any person- Appeals.

(a) against whom an affiliation order has been made

under this Part ;
(b) who is aggrieved by any t e r n contained in an
affiliation order or by any amendment or varia-
tion of any such term or by an extension of the
duration of an affiliation order;
(c) whose application for a summons or affiliation
order has been refused by the Court;
(a) whose application for the amendment or variation
of any term in an affiliation order, or for the
extension of the duration of an affiliation order,
has been refused by the Court,
may appeal to the Supreme Court in the manner provided
by any Rules of Court for the time being regulating civil
appeals.

14. The provisions of this Part shall be in addition to, provisions

and not in derogation of, any other provision in any other Laws
in other
Law in force for the time being providing for the making unaffected.
of maintenance orders.

PARTIV.
MISCELLANEOUS.
15. The Governor may, with the advice and assistance Rules of
of the Chief Justice, make Rules of Court for any matter or Court*
proceeding heard or taken before any Court under the
8 CAP. 278.1 ILLEGITIMATE CHILDREN.
provisions of this Law and for prescribing the fees to be
taken in respect of any matter or proceeding in any Court:
Provided that until such Rules are made, such matters
and proceedings shall be regulated and such fees shall be
taken as provided by the Rules of Court in force for the
time being.
Saving. 16. Any legitimation made under Part IV of the
1949 Wills and Succession Law, repealed by this Law, shall not be
Cap. 220.
affected.