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As it states in its long title, the object of the Family Law Reform Act 1987, is to reform the law relating to the consequences of birth outside marriage; to make further provision with respect to the rights and duties of parents and the determination of parentage, and for connected purposes. That such reform was needed could hardly be doubted since the pre-1987 Act law relating to illegitimacy was both wrong in principle and inadequate in practice: the former, because it is surely indefensible for the law to discriminate against children simply because their parents were not married to one another; the latter principally because financial relief could only be obtained through the highly unsatisfactory means of affiliation proceedings. Moreover, with the growing number of children being born outside marriage (126,000 in 1985), the need for reform has assumed ever greater importance. Insofar as the 1987 Act addresses these issues it is a most welcome piece of legislation. On the other hand, the Act is immensely complicated and at times obscure and even misleading; it does not abolish the concept of illegitimacy nor, indeed, are all the adverse consequences removed. It may therefore be questioned whether the Act goes far enough, and more generally whether its overall framework provides the best means for reforming the law. It is the intention of this article to examine these latter issues first and then to discuss the more important of the substantive provisions.

The Family Law Reform Act 1987 - Useful Reform but an Unhappy Compromise?