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Human Fertilisation and Embryology (Deceased Fathers) Bill


Human Fertilisation and Embryology (Deceased Fathers) Bill

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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

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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—

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                  “(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

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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

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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—

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                  “(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

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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)”.

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     (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

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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

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(N.I.14)), shall have effect as if the words “consent in writing and” were

omitted.

 

 

Human Fertilisation and Embryology (Deceased Fathers) Bill

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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)

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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

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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

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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.

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Human Fertilisation and Embryology (Deceased Fathers) Bill
Schedule — Consequential amendments

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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—

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              “(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.”

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  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

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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

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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—

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                    (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.

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              (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

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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

 

 

Human Fertilisation and Embryology (Deceased Fathers) Bill
Schedule — Consequential amendments

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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”.

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  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;”.

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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—

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       “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

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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—

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                    (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.

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              (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

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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)

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Order 1976 (registration of father where parents not married) at the end

there shall be inserted “and subject to Article 14A”.

 

 

Human Fertilisation and Embryology (Deceased Fathers) Bill
Schedule — Consequential amendments

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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

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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.

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              (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

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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;

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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

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(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.”

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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))

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  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

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subsection (1) (children to whom section 28 applies), at the beginning, there

shall be inserted “Subject to subsections (5A) to (5I) below,”.

 

 

Human Fertilisation and Embryology (Deceased Fathers) Bill
Schedule — Consequential amendments

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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

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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

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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)”.

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