Illegitimate Children (Affiliation Orders) Act, 1930

Voluntary agreements for maintenance of illegitimate children.

10.—(1) Where a person (in this section called an admitted father) who admits himself to be the father of an illegitimate child enters into an agreement with the mother of such child before an affiliation order has been made against such admitted father in respect of such child and by such agreement binds himself to make provision for and in respect of such child, such admitted father or such mother may apply to the Justice of the District Court having jurisdiction in the district in which such mother resides for his approval of such agreement and such Justice, if he approves of such agreement, may by order record such approval.

(2) Where after an affiliation order has been made in respect of an illegitimate child the putative father of such child enters into an agreement with the mother of such child whereby such putative father binds himself to make provision for and in respect of such child, such putative father or such mother may apply to a Justice of the District Court for his approval of such agreement and such Justice, if he approves of such agreement, may by order record such approval.

(3) A Justice of the District Court may approve of an agreement under this section notwithstanding that the provision made by such agreement for and in respect of the illegitimate child to whom the same relates differs wholly or partially from the benefits which could be obtained under this Act for and in respect of such child but he shall not approve of an agreement under this section unless he is of opinion and so records in his order under this section that the provision made by such agreement for and in respect of such child is substantially as beneficial to such child and its mother as the benefits which could be obtained for and in respect of such child under this Act.

(4) An order under this section recording the approval by a Justice of the District Court of an agreement shall, where no affiliation order has been made in respect of the illegitimate child to whom such agreement relates, be a complete bar to proceedings under this Act against any person in respect of such child and, where an affiliation order has been made in respect of such child, shall be a complete bar to any further proceedings under this Act in respect of such child against the putative father of such child and to all proceedings under this Act against any other person in respect of such child.

(5) Before the mother of an illegitimate child in respect of whom no affiliation order has been made under this section applies to a Justice of the District Court for his approval of an agreement she shall make an information in writing upon oath identifying the admitted father as the father of such child and the making of such information shall be a condition precedent to the making of such application by such mother.