16. Legitimacy of children of void and voidable marriages.

(1) Notwithstanding that a marriage
is null and void under section 11, any child of such marriage who would have been legitimate if the
marriage had been valid, shall be legitimate, whether such child is born before or after the commencement
of the Marriage Laws (Amendment) Act, 1976 (68 of 1976), and whether or not a decree of nullity is
granted in respect of that marriage under this Act and whether or not the marriage is held to be void
otherwise than on a petition under this Act.
(2) Where a decree of nullity is granted in respect of a voidable marriage under section 12, any child
begotten or conceived before the decree is made, who would have been the legitimate child of the parties
to the marriage if at the date of the decree it had been dissolved instead of being annulled, shall be
deemed to be their legitimate child notwithstanding the decree of nullity.
(3) Nothing contained in sub-section (1) or sub-section (2) shall be construed as conferring upon any
child of a marriage which is null and void or which is annulled by a decree of nullity under section 12,
any rights in or to the property of any person, other than the parents, in any case where, but for the
passing of this Act, such child would have been incapable of possessing or acquiring any such rights by
reason of his not being the legitimate child of his parents.]