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Human Fertilisation and Embryology (Deceased Fathers) Bill - continued        House of Commons

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  S C H E D U L E
 
 

 
 
 

 
  CONSEQUENTIAL AMENDMENTS
 
Births and Deaths Registration Act 1953 (c.20)
     1. After section 9(4) of the Births and Deaths Registration Act 1953 (giving of information to a person other than the registrar) there shall be inserted-
 
 
    "(4A) A request made under section 10ZA of this Act may be included in a declaration under subsection (1) of this section and the documents required by that section to be produced shall be produced to the officer in whose presence the declaration is made and sent by him with the declaration to the registrar."
 
     2. In section 10(1) of that Act (registration of father where parents not married at time of birth) after "Act", where it first appears, there shall be inserted "and subject to section 10ZA of this Act".
 
     3. After section 10 of that Act there shall be inserted-
 
 
"Registration of father by virtue of certain provisions of the Human Fertilisation and Embryology Act 1990.     10ZA. - (1) Notwithstanding anything in the foregoing provisions of this Act, the registrar shall not, except at the request of the mother and on production of the relevant documents, enter in the register as the father of a child the name of a man who is to be treated for that purpose as the father of the child by virtue of section 28(5A), (5B), (5C) or (5D) of the Human Fertilisation and Embryology Act 1990 (circumstances in which man to be treated as father of child for purposes of registration of birth where fertility treatment undertaken after his death).
 
    (2) In this section "the relevant documents" means-
 
 
    (a) the election mentioned in section 28(5A), (5B), (5C) or (as the case may be) (5D) of the Act of 1990;
 
    (b) a certificate of a registered medical practitioner as to the medical facts concerned; and
 
    (c) such other documentary evidence (if any) as the registrar considers appropriate."
     4. After "or" at the end of section 10A(1)(f) of that Act (re-registration where parents not married) there shall be inserted-
 
 
    "(ff) in a case of a man who is to be treated as the father of the child by virtue of section 28(5A), (5B), (5C) or (5D) of the Human Fertilisation and Embryology Act 1990, at the request of the mother and on production of the relevant documents (within the meaning of section 10ZA of this Act); or".
     5. In section 10A(2)(c) of that Act (father also to sign register on re-registration) for "(d) to (g)" there shall be substituted "(d) to (f) or (g)".
 
 
Registration of Births, Deaths and Marriages (Scotland) Act 1965 (c.49)
     6. In section 18 of the Registration of Births, Deaths and Marriages (Scotland) Act 1965 (births of children born out of wedlock) in subsection (1) at the beginning there shall be inserted "Subject to section 18ZA of this Act".
 
     7. After section 18 of that Act there shall be inserted-
 
 
"Registration of father by virtue of certain provisions of the Human Fertilisation and Embryology Act 1990.     18ZA. - (1) The registrar shall not, except at the request of the mother and on production of the relevant documents, enter in the register as the father of a child the name of a man who is to be treated for that purpose as the father of the child by virtue of section 28(5A), (5B), (5C) or (5D) of the Human Fertilisation and Embryology Act 1990 (circumstances in which man to be treated as father of child for purposes of registration of birth where fertility treatment undertaken after his death).
 
    (2) In this section "the relevant documents" means-
 
 
    (a) the election mentioned in section 28(5A), (5B), (5C) or (as the case may be) (5D) of the Act of 1990;
 
    (b) a certificate of a registered medical practitioner as to the medical facts concerned; and
 
    (c) such other documentary evidence (if any) as the registrar considers appropriate."
 
Adoption Act 1976 (c.36)
     8. In section 15(3)(a) of the Adoption Act 1976 (adoption by one person where no other parent) after "1990" there shall be inserted "(disregarding subsections (5A) to (5I) of that section)".
 
 
Births and Deaths Registration (Northern Ireland) Order 1976 (S.I. 1976/1041 (N.I.14))
     9. In Article 14(1) of the Births and Deaths Registration (Northern Ireland) Order 1976 (registration of father where parents not married) at the end there shall be inserted "and subject to Article 14A".
 
     10. After Article 14 of that Order there shall be inserted-
 
 

"Registration of father by virtue of certain provisions of the Human Fertilisation and Embryology Act 1990
     14A. - (1) A registrar shall not enter as the father of a child the name of any person who is to be treated as the father of the child by virtue of section 28(5A), (5B), (5C) or (5D) of the Human Fertilisation and Embryology Act 1990 (circumstances in which man to be treated as father of child for purposes of registration of birth where fertility treatment undertaken after his death) unless the mother requests him to do so and produces the relevant documents.
 
      (2) In this Article "the relevant documents" means-
 
 
    (a) the election mentioned in section 28(5A), (5B), (5C) or (as the case may be) (5D) of the Act of 1990;
 
    (b) a certificate of a registered medical practitioner as to the medical facts concerned; and
 
    (c) such other documentary evidence (if any) as the registrar considers appropriate."
     11. In Article 18 of that Order (re-registration of births), at the end of paragraph (1) there shall be inserted-
 
 
    "(c) in the case of a person who is to be treated as the father of the child by virtue of section 28(5A), (5B), (5C) or (5D) of the Human Fertilisation and Embryology Act 1990, the mother requests him to do so and produces the relevant documents (within the meaning of Article 14A(2))".
 
Adoption (Scotland) Act 1978 (c.28)
     12. In section 15(3)(a) of the Adoption (Scotland) Act 1978 (adoption by one person where no other parent) after "1990" there shall be inserted "(disregarding subsections (5A) to (5I) of that section)".
 
 
Adoption (Northern Ireland) Order 1987 (S.I. 1987/2203 (N.I.22))
     13. In Article 15(3)(a) of the Adoption (Northern Ireland) Order 1987 (adoption by one person where no other parent) after "1990" there shall be inserted "(disregarding subsections (5A) to (5I) of that section)".
 
 
Human Fertilisation and Embryology Act 1990 (c.37)
     14. In section 28 of the Human Fertilisation and Embryology Act 1990, in subsection (1) (children to whom section 28 applies), at the beginning, there shall be inserted "Subject to subsections (5A) to (5I) below,".
 
     15. In section 28(6) of that Act (man whose sperm was used after his death not to be treated as father of child) after "not" there shall be inserted ", subject to subsections (5A) and (5B) above,".
 
     16. In section 28(7) of that Act (meaning of references to the parties to a marriage) after "subsection (2) above" there shall be inserted "and subsections (5A) to (5D) above".
 
     17. In section 29(4) of that Act (succession to dignities etc) after "(4)" there shall be inserted "or (5A) to (5I)".
 
 
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