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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 not later than the end of 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 not later than the end of the | |
period of six months beginning with the coming into force of | |
this subsection for the other party to the marriage to be treated | 20 |
for the purpose 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— | 25 |
“(f) the woman has elected in writing not later than the end of 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,”. | |
(5) Where the child concerned was born before the coming into force of section 1 | 30 |
of this Act, section 28 of the Act of 1990 shall have effect as if— | |
(a) subsection (5E) were omitted; and | |
(b) in subsection (5F) for the words from “(which requires” to “that day)” | |
there were substituted “(which requires an election to be made not later | |
than the end of a period of six months)”. | 35 |
(6) Where the man who might be treated as the father of the child died before the | |
passing of this Act— | |
(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 | 40 |
if paragraph (e) of each subsection were omitted; and | |
(c) sections 10ZA(3)(a) of the Births and Deaths Registration Act 1953 | |
(c. 20) and 18ZA(3)(a) of the Registration of Births, Deaths and | |
Marriages (Scotland) Act 1965 (c. 49), and Article 14A(3)(a) of the Births | |
and Deaths Registration (Northern Ireland) Order 1976 (S.I. 1976/1041 | 45 |
(N.I.14)), shall have effect as if the words “consent in writing and” were | |
omitted. | |
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(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)”. | |
(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) | 5 |
comes into force. | |
4 Short title, commencement and extent | |
(1) This Act may be cited as the Human Fertilisation and Embryology (Deceased | |
Fathers) Act 2003. | |
(2) This Act (apart from this section) shall come into force on such day as the | 10 |
Secretary of State may by order appoint; and different days may be appointed | |
for different purposes. | |
(3) An order under subsection (2)— | |
(a) shall be made by statutory instrument; and | |
(b) may make such transitory, transitional or saving provision as the | 15 |
Secretary of State considers appropriate. | |
(4) Any amendment by the Schedule of an enactment has the same extent as the | |
enactment amended. | |
(5) Subject to that, this Act extends to England and Wales, Scotland and Northern | |
Ireland. | 20 |
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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 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 | 20 |
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 | |
condition in subsection (2) below is satisfied. | |
(2) The condition in this subsection is satisfied if— | 25 |
(a) the mother requests the registrar to make such an entry in the | |
register and produces the relevant documents; or | |
(b) in the case of the death or inability of the mother, the relevant | |
documents are produced by some other person who is a | |
qualified informant. | 30 |
(3) 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 | 35 |
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 | |
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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, if the condition in | |
section 10ZA(2) of this Act is satisfied; or”. | 5 |
5 After section 10A(2)(b) of that Act (persons to sign register on re- | |
registration), there shall be inserted— | |
“(bb) in a case within paragraph (ff) of that subsection, the mother | |
or (as the case may be) the qualified informant shall also sign | |
the register;”. | 10 |
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— | 15 |
“18ZA Registration of father by virtue of certain provisions of the Human | |
Fertilisation and Embryology Act 1990 | |
(1) The registrar shall not 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 | 20 |
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 | |
condition in subsection (2) below is satisfied. | |
(2) The condition in this subsection is satisfied if— | 25 |
(a) the mother requests the registrar to make such an entry in the | |
register and produces the relevant documents; or | |
(b) in the case of the death or inability of the mother, the relevant | |
documents are produced by some other person who is a | |
qualified informant. | 30 |
(3) 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 | 35 |
medical facts concerned; and | |
(c) such other documentary evidence (if any) as the registrar | |
considers appropriate.” | |
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) | 40 |
Order 1976 (registration of father where parents not married) at the end | |
there shall be inserted “and subject to Article 14A”. | |
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9 After Article 14 of that Order there shall be inserted— | |
“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 | 5 |
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 condition in | |
paragraph (2) is satisfied. | 10 |
(2) The condition in this paragraph is satisfied if— | |
(a) the mother requests the registrar to make such an entry in the | |
register and produces the relevant documents; or | |
(b) in the case of the death or inability of the mother, the relevant | |
documents are produced by some other person who is a | 15 |
qualified informant. | |
(3) In this Article “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; | 20 |
(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 | 25 |
(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, if the | |
condition in Article 14A(2) is satisfied.” | 30 |
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)”. | |
Adoption (Northern Ireland) Order 1987 (S.I. 1987/2203 (N.I.22)) | 35 |
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) | |
13 In section 28 of the Human Fertilisation and Embryology Act 1990, in | 40 |
subsection (1) (children to whom section 28 applies), at the beginning, there | |
shall be inserted “Subject to subsections (5A) to (5I) below,”. | |
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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 | |
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 | 5 |
subsections (5A) to (5D) above”. | |
16 In section 29(4) of that Act (succession to dignities etc) after “(4)” there shall | |
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 | 10 |
reference to any enactment contained in section 28(5A) to (5I) of that Act. | |
Adoption and Children Act 2002 (c.38) | |
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)”. | 15 |
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