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3 Retrospective, transitional and transitory provision | |
(1) This Act shall (in addition to any case where the sperm or embryo is used on | |
or after the coming into force of section 1) 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 | 5 |
into force of that section. | |
(2) Where the child concerned was born before the coming into force of section 1 | |
of this Act, section 28(5A) or (as the case may be) (5B) of the Human | |
Fertilisation and Embryology Act 1990 (c. 37) shall have effect as if for | |
paragraph (e) there were substituted— | 10 |
“(e) the woman has elected in writing within the period of six | |
months beginning with the coming into force of this subsection | |
for the man to be treated for the purpose mentioned in | |
subsection (5I) below as the father of the child,”. | |
(3) Where the child concerned was born before the coming into force of section 1 | 15 |
of this Act, section 28(5C) of the Act of 1990 shall have effect as if for paragraph | |
(f) there were substituted— | |
“(f) the woman has elected in writing within the period of six | |
months beginning with the coming into force of this subsection | |
for the other party to the marriage to be treated for the purpose | 20 |
mentioned in subsection (5I) below as the father of the child,”. | |
(4) Where the child concerned was born before the coming into force of section 1 | |
of this Act, section 28(5D) of the Act of 1990 shall have effect as if for paragraph | |
(f) there were substituted— | |
“(f) the woman has elected in writing within the period of six | 25 |
months beginning with the coming into force of this subsection | |
for the man to be treated for the purpose mentioned in | |
subsection (5I) below as the father of the child,”. | |
(5) Where the child concerned was born before the coming into force of section 1 | |
of this Act, section 28 of the Act of 1990 shall have effect as if— | 30 |
(a) subsection (5E) were omitted; and | |
(b) in subsection (5F) for the words “42 days or (as the case may be) 21 | |
days” there were substituted “six months”. | |
(6) Where the man who might be treated as the father of the child died before the | |
passing of this Act— | 35 |
(a) subsections (5A) and (5B) of section 28 of the Act of 1990 shall have | |
effect as if paragraph (d) of each subsection were omitted; | |
(b) subsections (5C) and (5D) of that section of that Act shall have effect as | |
if paragraph (e) of each subsection were omitted; and | |
(c) sections 10ZA(2)(a) of the Births and Deaths Registration Act 1953 | 40 |
(c. 20) and 18ZA(2)(a) of the Registration of Births, Deaths and | |
Marriages (Scotland) Act 1965 (c. 49), and Article 14A(2)(a) of the Births | |
and Deaths Registration (Northern Ireland) Order 1976 (S.I. 1976/1041 | |
(N.I.14)), shall have effect as if the words “consent in writing and” were | |
omitted. | 45 |
(7) Section 15(3)(a) of the Adoption Act 1976 (c. 36) (adoption by one person where | |
no other parent) shall have effect as if after “1990” there were inserted | |
“(disregarding subsections (5A) to (5I) of that section)”. | |
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(8) Subsection (7) shall cease to apply when, and to the extent that, the repeal of | |
section 15(3)(a) of the Act of 1976 by the Adoption and Children Act 2002 (c. 38) | |
comes into force. | |
4 Short title, commencement and extent | |
(1) This Act may be cited as the Human Fertilisation and Embryology (Deceased | 5 |
Fathers) Act 2003. | |
(2) This Act (apart from this section) shall come into force on such day as the | |
Secretary of State may by order appoint; and different days may be appointed | |
for different purposes. | |
(3) An order under subsection (2)— | 10 |
(a) shall be made by statutory instrument; and | |
(b) may make such transitory, transitional or saving provision as the | |
Secretary of State considers appropriate. | |
(4) Any amendment by the Schedule of an enactment has the same extent as the | |
enactment amended. | 15 |
(5) Subject to that, this Act extends to England and Wales, Scotland and Northern | |
Ireland. | |
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Schedule | |
Section 2(1) | |
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— | 5 |
“(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.” | 10 |
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— | |
“10ZA Registration of father by virtue of certain provisions of the Human | 15 |
Fertilisation and Embryology Act 1990 | |
(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 | 20 |
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). | 25 |
(2) In this section “the relevant documents” means— | |
(a) the consent in writing and 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 | 30 |
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— | 35 |
“(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”. | 40 |
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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 | 5 |
beginning there shall be inserted “Subject to section 18ZA of this Act”. | |
7 After section 18 of that Act there shall be inserted— | |
“18ZA Registration of father by virtue of certain provisions of the Human | |
Fertilisation and Embryology Act 1990 | |
(1) The registrar shall not, except at the request of the mother and on | 10 |
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 | 15 |
purposes of registration of birth where fertility treatment | |
undertaken after his death). | |
(2) In this section “the relevant documents” means— | |
(a) the consent in writing and election mentioned in section | |
28(5A), (5B), (5C) or (as the case may be) (5D) of the Act of | 20 |
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.” | 25 |
Births and Deaths Registration (Northern Ireland) Order 1976 (S.I. 1976/1041 (N.I.14)) | |
8 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”. | |
9 After Article 14 of that Order there shall be inserted— | 30 |
“14A Registration of father by virtue of certain provisions of the Human | |
Fertilisation and Embryology Act 1990 | |
(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 | 35 |
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— | 40 |
(a) the consent in writing and election mentioned in section | |
28(5A), (5B), (5C) or (as the case may be) (5D) of the Act of | |
1990; | |
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(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.” | |
10 In Article 18 of that Order (re-registration of births) at the end of paragraph | 5 |
(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 | 10 |
(within the meaning of Article 14A(2))”. | |
Adoption (Scotland) Act 1978 (c.28) | |
11 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)”. | 15 |
Adoption (Northern Ireland) Order 1987 (S.I. 1987/2203 (N.I.22)) | |
12 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) | 20 |
13 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,”. | |
14 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 | 25 |
subsections (5A) and (5B) above,”. | |
15 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”. | |
16 In section 29(4) of that Act (succession to dignities etc) after “(4)” there shall | 30 |
be inserted “or (5A) to (5I)”. | |
17 In section 30(9)(b) of that Act (power to make regulations about references | |
to adoption etc) the reference to any enactment shall be read as including a | |
reference to any enactment contained in sections 28(5A) to (5I) of that Act. | |
Adoption and Children Act 2002 (c.38) | 35 |
18 In section 51(4)(b) of the Adoption and Children Act 2002 (adoption by one | |
person where no other parent) after “1990 (c. 37)” there shall be inserted | |
“(disregarding subsections (5A) to (5I) of that section)”. | |
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