Amendment Paper as at
Friday 27th April 2001
CONSIDERATION OF BILL
HUMAN FERTILISATION AND EMBRYOLOGY (DECEASED FATHERS) BILL, AS AMENDED
NEW CLAUSE
Failure or refusal to consent
Mr Andrew Dismore
NC1
To move the following Clause:—
'References in this Act to a man not consenting to be treated as the father of the child shall mean that the man did not consent in writing in a document witnessed by another in such form as should be prescribed by the Secretary of State or made such refusal of consent in his will or in a codicil to his will.'.
Dr Evan Harris
1
Page 1, line 9 [Clause 1], leave out 'or her artificial insemination'.
Dr Andrew Dismore
4
Page 1, line 16 [Clause 1], after 'man', insert 'or had been cohabiting for two years or longer with the man'.
Mr Andrew Dismore
5
Page 1, line 18 [Clause 1], leave out '42 days' and insert '3 months'.
Dr Evan Harris
18
Page 1, line 28 [Clause 1], at end insert ', and provided that the obtaining of the sperm was lawful, and that the storage, if any, and treatment were lawful under this Act.'.
Dr Evan Harris
2
Page 2, line 3 [Clause 1], leave out 'or her artificial insemination'.
Dr Evan Harris
19
Page 2, line 25 [Clause 1], at end insert ', and provided that the obtaining of the sperm was lawful, and that the storage, if any, and treatment were lawful under this Act.'.
Mr Andrew Dismore
6
Page 2, line 30 [Clause 1], at end insert 'or in a cohabiting relationship of at least 2 years duration'.
Mr Andrew Dismore
7
Page 2, line 32 [Clause 1], at end insert 'or relationship'.
Mr Andrew Dismore
8
Page 2, line 33 [Clause 1] after 'marriage', insert 'or relationship'.
Mr Andrew Dismore
9
Page 2, line 35 [Clause 1], leave out '42 days' and insert '3 months'.
Mr Andrew Dismore
10
Page 2, line 44 [Clause 1], after 'marriage', insert 'or relationship'.
Dr Evan Harris
20
Page 2, line 46 [Clause 1], at end insert ', and provided that the obtaining of the sperm was lawful, and that the storage, if any, and treatment were lawful under this Act.'.
Mr Andrew Dismore
11
Page 3, line 8 [Clause 1], leave out '42 days' and insert '3 months'.
Dr Evan Harris
21
Page 3, line 18 [Clause 1], at end insert ', and provided that the obtaining of the sperm was lawful, and that the storage, if any, and treatment were lawful under this Act.'.
Mr Andrew Dismore
12
Page 3 [Clause 1], leave out lines 19 to 21.
Mr Andrew Dismore
13
Page 3 [Clause 1], leave out lines 22 to 26.
Mr Andrew Dismore
14
Page 4, line 4 [Clause 1], leave out from 'subsection' to end of line 6.
Dr Evan Harris
17
Page 4, line 13 [Clause 1], leave out subsection (2) and insert—
'(2) This Act shall apply to any case where the sperm or embryo is stored or used on or after the coming into force of this Act.
(2A) This Act shall apply to any case where the sperm of a man, or any embryo the creation of which was brought about with the sperm of a man, was stored or used on or after 1st August 1991 and before the coming into force of this Act.
(2B) In those circumstances where section 2(2A) of this Act applies, the provisions relating to the obtaining and saving of the sperm in section 28(5A), section 28(5B), section 28(5C) and section 28(5D) of the Human Fertilisation and Embryology Act 1990 shall not apply.'.
Dr Evan Harris
22
Page 4, line 13 [Clause 1], leave out subsection (2) and insert—
'(2) This Act shall apply to any case where the sperm or embryo is used on or after the coming into force of this Act.
(2A) This Act shall apply to any case where the sperm of a man, or any embryo the creation of which was brought about with the sperm of a man, was used on or after 1st August 1991 and before the coming into force of this Act.
(2B) In those circumstances where section 2(2A) of this Act applies, the provisions relating to the obtaining and saving of the sperm in section 28(5A), section 28(5B), section 28(5C) and section 28(5D) of the Human Fertilisation and Embryology Act 1990 shall not apply.'.
Mr Andrew Dismore
15
Page 4, line 43 [Clause 2], leave out from 'omitted' to end of line 45.
Mr Andrew Dismore
16
Page 5, line 4 [Clause 3], leave out 'may' and insert 'shall'.
