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50 | Meaning of references to parties to a civil partnership |
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(1) | The references in sections 35 to 47 to the parties to a civil partnership at the time |
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(a) | are to the parties to a civil partnership subsisting at that time, unless a |
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separation order was then in force, but |
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(b) | include the parties to a void civil partnership if either or both of them |
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reasonably believed at that time that the civil partnership was valid; |
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and for the purposes of those sections it is to be presumed, unless the |
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contrary is shown, that one of them reasonably believed at that time |
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that the civil partnership was valid. |
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(2) | In subsection (1)(a), “separation order” means— |
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(a) | a separation order under section 37(1)(d) or 161(1)(d) of the Civil |
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Partnership Act 2004 (c. 33), |
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(b) | a decree of separation under section 120(2) of that Act, or |
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(c) | a legal separation obtained in a country outside the United Kingdom |
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and recognised in the United Kingdom. |
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Further provision about registration by virtue of section 39, 40 or 46 |
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51 | Meaning of “relevant register of births” |
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For the purposes of this Part a “relevant register of births”, in relation to a birth, |
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is whichever of the following is relevant— |
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(a) | a register of live-births or still-births kept under the Births and Deaths |
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Registration Act 1953 (c. 20), |
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(b) | a register of births or still-births kept under the Registration of Births, |
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Deaths and Marriages (Scotland) Act 1965 (c. 49), or |
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(c) | a register of live-births or still-births kept under the Births and Deaths |
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Registration (Northern Ireland) Order 1976 (S.I. 1976/1041 (N.I. 14)). |
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52 | Late election by mother with consent of Registrar General |
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(1) | The requirement under section 39(1), 40(1) or (2) or 46(1) or (2) as to the making |
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of an election (which requires an election to be made either on or before the day |
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on which the child was born or within the period of 42 or, as the case may be, |
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21 days from that day) is nevertheless to be treated as satisfied if the required |
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election is made after the end of that period but with the consent of the |
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Registrar General under subsection (2). |
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(2) | The Registrar General may at any time consent to the making of an election |
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after the end of the period mentioned in subsection (1) if, on an application |
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made to him in accordance with such requirements as he may specify, he is |
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satisfied that there is a compelling reason for giving his consent to the making |
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(3) | In this section “the Registrar General” means the Registrar General for England |
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and Wales, the Registrar General of Births, Deaths and Marriages for Scotland |
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or (as the case may be) the Registrar General for Northern Ireland. |
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Interpretation of references to father etc. where woman is other parent |
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53 | Interpretation of references to father etc. |
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(1) | Subsections (2) and (3) have effect, subject to subsections (4) and (6), for the |
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interpretation of any enactment, deed or any other instrument or document |
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(whenever passed or made). |
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(2) | Any reference (however expressed) to the father of a child who has a parent by |
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virtue of section 42 or 43 is to be read as a reference to the woman who is a |
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parent of the child by virtue of that section. |
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(3) | Any reference (however expressed) to evidence of paternity is, in relation to a |
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woman who is a parent by virtue of section 42 or 43, to be read as a reference |
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to evidence of parentage. |
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(4) | This section does not affect the interpretation of the enactments specified in |
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subsection (5) (which make express provision for the case where a child has a |
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parent by virtue of section 42 or 43). |
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(5) | Those enactments are— |
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(a) | the Legitimacy Act (Northern Ireland) 1928 (c. 5 (N.I.)), |
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(b) | the Births and Deaths Registration Act 1953 (c. 20), |
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(c) | the Registration of Births, Deaths and Marriages (Special Provisions) |
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(d) | Part 2 of the Registration of Births, Deaths and Marriages (Scotland) Act |
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(e) | the Congenital Disabilities (Civil Liability) Act 1976 (c. 28), |
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(f) | the Legitimacy Act 1976 (c. 31), |
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(g) | the Births and Deaths Registration (Northern Ireland) Order 1976 (S.I. |
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(h) | the British Nationality Act 1981 (c. 61), |
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(i) | the Family Law Reform Act 1987 (c. 42), |
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(j) | Parts 1 and 2 of the Children Act 1989 (c. 41), |
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(k) | Part 1 of the Children (Scotland) Act 1995 (c. 36), |
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(l) | section 1 of the Criminal Law (Consolidation) (Scotland) Act 1995 |
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(m) | Parts 2, 3 and 14 of the Children (Northern Ireland) Order 1995 (S.I. |
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(6) | This section does not affect the interpretation of references that fall to be read |
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in accordance with section 1(2)(a) or (b) of the Family Law Reform Act 1987 or |
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Article 155(2)(a) or (b) of the Children (Northern Ireland) Order 1995 |
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(references to a person whose father and mother were, or were not, married to |
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each other at the time of the person’s birth). |
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(1) | On an application made by two people (“the applicants”), the court may make |
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an order providing for a child to be treated in law as the child of the applicants |
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(a) | the child has been carried by a woman who is not one of the applicants, |
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as a result of the placing in her of an embryo or sperm and eggs or her |
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(b) | the gametes of at least one of the applicants were used to bring about |
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the creation of the embryo, and |
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(c) | the conditions in subsections (2) to (8) are satisfied. |
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(2) | The applicants must be— |
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(b) | civil partners of each other, or |
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(c) | two persons who are living as partners in an enduring family |
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relationship and are not within prohibited degrees of relationship in |
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(3) | Except in a case falling within subsection (11), the applicants must apply for the |
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order during the period of 6 months beginning with the day on which the child |
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(4) | At the time of the application and the making of the order— |
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(a) | the child’s home must be with the applicants, and |
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(b) | either or both of the applicants must be domiciled in the United |
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Kingdom or in the Channel Islands or the Isle of Man. |
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(5) | At the time of the making of the order both the applicants must have attained |
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(6) | The court must be satisfied that both— |
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(a) | the woman who carried the child, and |
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(b) | any other person who is a parent of the child but is not one of the |
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applicants (including any man who is the father by virtue of section 35 |
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or 36 or any woman who is a parent by virtue of section 42 or 43), |
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| have freely, and with full understanding of what is involved, agreed |
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unconditionally to the making of the order. |
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(7) | Subsection (6) does not require the agreement of a person who cannot be found |
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or is incapable of giving agreement; and the agreement of the woman who |
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carried the child is ineffective for the purpose of that subsection if given by her |
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less than six weeks after the child’s birth. |
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(8) | The court must be satisfied that no money or other benefit (other than for |
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expenses reasonably incurred) has been given or received by either of the |
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applicants for or in consideration of— |
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(a) | the making of the order, |
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(b) | any agreement required by subsection (6), |
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(c) | the handing over of the child to the applicants, or |
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(d) | the making of arrangements with a view to the making of the order, |
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| unless authorised by the court. |
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(9) | For the purposes of an application under this section— |
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(a) | in relation to England and Wales, section 92(7) to (10) of, and Part 1 of |
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Schedule 11 to, the Children Act 1989 (c. 41) (jurisdiction of courts) |
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apply for the purposes of this section to determine the meaning of “the |
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court” as they apply for the purposes of that Act and proceedings on the |
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application are to be “family proceedings” for the purposes of that Act, |
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(b) | in relation to Scotland, “the court” means the Court of Session or the |
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sheriff court of the sheriffdom within which the child is, and |
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(c) | in relation to Northern Ireland, “the court” means the High Court or |
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any county court within whose division the child is. |
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(10) | Subsection (1)(a) applies whether the woman was in the United Kingdom or |
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elsewhere at the time of the placing in her of the embryo or the sperm and eggs |
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or her artificial insemination. |
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(11) | An application which— |
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(a) | relates to a child born before the coming into force of this section, and |
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(b) | is made by two persons who, throughout the period applicable under |
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subsection (2) of section 30 of the 1990 Act, were not eligible to apply |
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for an order under that section in relation to the child as husband and |
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| may be made within the period of six months beginning with the day on which |
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this section comes into force. |
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55 | Parental orders: supplementary provision |
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(1) | The Secretary of State may by regulations provide— |
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(a) | for any provision of the enactments about adoption to have effect, with |
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such modifications (if any) as may be specified in the regulations, in |
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relation to orders under section 54, and applications for such orders, as |
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it has effect in relation to adoption, and applications for adoption |
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(b) | for references in any enactment to adoption, an adopted child or an |
| |
adoptive relationship to be read (respectively) as references to the effect |
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of an order under section 54, a child to whom such an order applies and |
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a relationship arising by virtue of the enactments about adoption, as |
| |
applied by the regulations, and for similar expressions in connection |
| |
with adoption to be read accordingly. |
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(2) | The regulations may include such incidental or supplemental provision as |
| |
appears to the Secretary of State to be necessary or desirable in consequence of |
| 30 |
any provision made by virtue of subsection (1)(a) or (b). |
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(3) | In this section “the enactments relating to adoption” means— |
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(a) | the Adoption (Scotland) Act 1978 (c. 28), |
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(b) | the Adoption and Children Act 2002 (c. 38), |
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(c) | the Adoption and Children (Scotland) Act 2007 (asp 4), and |
| 35 |
(d) | the Adoption (Northern Ireland) Order 1987 (S.I. 1987/2203 (N.I. 22)). |
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56 | Amendments relating to parenthood in cases involving assisted reproduction |
| |
Schedule 6 contains amendments related to the provisions of this Part. |
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