|
| |
|
British Nationality Act 1981 (c. 61) |
| |
21 | In section 50 of the British Nationality Act 1981 (interpretation) in subsection |
| |
(9A) (a child’s father) for paragraphs (b) and (c) substitute— |
| |
“(b) | where a person is treated as the father of the child under |
| |
section 28 of the Human Fertilisation and Embryology Act |
| 5 |
1990 or section 35 or 36 of the Human Fertilisation and |
| |
Embryology Act 2008, that person, or |
| |
(ba) | where a person is treated as a parent of the child under |
| |
section 42 or 43 of the Human Fertilisation and Embryology |
| |
Act 2008, that person, or |
| 10 |
(c) | where none of paragraphs (a) to (ba) applies, a person who |
| |
satisfies prescribed requirements as to proof of paternity.” |
| |
Family Law Act 1986 (c. 55) |
| |
22 | In section 56 of the Family Law Act 1986 (declarations of parentage, |
| |
legitimacy or legitimation), in subsection (5)(a), after “section 2” insert “, |
| 15 |
| |
Family Law Reform Act 1987 (c. 42) |
| |
23 (1) | Section 1 of the Family Law Reform Act 1987 (general principle) is amended |
| |
| |
(2) | In subsection (3) (children whose father and mother are to be taken to have |
| 20 |
been married to each other at the time of the child’s birth) after paragraph |
| |
| |
“(ba) | has a parent by virtue of section 42 of the Human Fertilisation |
| |
and Embryology Act 2008 (which relates to treatment |
| |
provided to a woman who is at the time of treatment a party |
| 25 |
to a civil partnership or, in certain circumstances, a void civil |
| |
| |
(bb) | has a parent by virtue of section 43 of that Act (which relates |
| |
to treatment provided to woman who agrees that second |
| |
| 30 |
(i) | is the civil partner of the child’s mother at the time of |
| |
| |
(ii) | was the civil partner of the child’s mother at any time |
| |
during the period beginning with the time mentioned |
| |
in section 43(b) of that Act and ending with the child’s |
| 35 |
| |
(3) | After subsection (4) insert— |
| |
“(5) | A child whose parents are parties to a void civil partnership shall, |
| |
subject to subsection (6), be treated as falling within subsection |
| |
(3)(bb) if at the time when the parties registered as civil partners of |
| 40 |
each other both or either of the parties reasonably believed that the |
| |
civil partnership was valid. |
| |
(6) | Subsection (5) applies only where the woman who is a parent by |
| |
virtue of section 43 was domiciled in England and Wales at the time |
| |
of the birth or, if she died before the birth, was so domiciled |
| 45 |
immediately before her death. |
| |
|
| |
|
| |
|
(7) | Subsection (5) applies even though the belief that the civil |
| |
partnership was valid was due to a mistake as to law. |
| |
(8) | It shall be presumed for the purposes of subsection (5), unless the |
| |
contrary is shown, that one of the parties to a void civil partnership |
| |
reasonably believed at the time of the formation of the civil |
| 5 |
partnership that the civil partnership was valid.” |
| |
24 (1) | Section 18 of the Family Law Reform Act 1987 (succession on intestacy) is |
| |
| |
(2) | After subsection (2) insert— |
| |
“(2A) | In the case of a person who has a parent by virtue of section 43 of the |
| 10 |
Human Fertilisation and Embryology Act 2008 (treatment provided |
| |
to woman who agrees that second woman to be parent), the second |
| |
and third references in subsection (2) to the person’s father are to be |
| |
read as references to the woman who is a parent of the person by |
| |
| 15 |
(3) | In subsection (3), for “section 50(1) of that Act” substitute “section 50(1) of |
| |
the Administration of Estates Act 1925”. |
| |
Children Act 1989 (c. 41) |
| |
25 (1) | Section 2 of the Children Act 1989 (parental responsibility for children) is |
| |
| 20 |
(2) | After subsection (1) insert— |
| |
| |
(a) | has a parent by virtue of section 42 of the Human Fertilisation |
| |
and Embryology Act 2008; or |
| |
(b) | has a parent by virtue of section 43 of that Act and is a person |
| 25 |
to whom section 1(3) of the Family Law Reform Act 1987 |
| |
| |
| the child’s mother and the other parent shall each have parental |
| |
responsibility for the child.” |
| |
(3) | After subsection (2) insert— |
| 30 |
“(2A) | Where a child has a parent by virtue of section 43 of the Human |
| |
Fertilisation and Embryology Act 2008 and is not a person to whom |
| |
section 1(3) of the Family Law Reform Act 1987 applies— |
| |
(a) | the mother shall have parental responsibility for the child; |
| |
(b) | the other parent shall have parental responsibility for the |
| 35 |
child if she has acquired it (and has not ceased to have it) in |
| |
accordance with the provisions of this Act.” |
| |
26 | After section 4 of the Children Act 1989 insert— |
| |
“4ZA | Acquisition of parental responsibility by second female parent |
| |
(1) | Where a child has a parent by virtue of section 43 of the Human |
| 40 |
Fertilisation and Embryology Act 2008 and is not a person to whom |
| |
section 1(3) of the Family Law Reform Act 1987 applies, that parent |
| |
shall acquire parental responsibility for the child if— |
| |
|
| |
|
| |
|
(a) | she becomes registered as a parent of the child under any of |
| |
the enactments specified in subsection (2); |
| |
(b) | she and the child’s mother make an agreement providing for |
| |
her to have parental responsibility for the child; or |
| |
(c) | the court, on her application, orders that she shall have |
| 5 |
parental responsibility for the child. |
| |
(2) | The enactments referred to in subsection (1)(a) are— |
| |
(a) | paragraphs (a), (b) and (c) of section 10(1B) and of section |
| |
10A(1B) of the Births and Deaths Registration Act 1953; |
| |
(b) | paragraphs (a), (b) and (d) of section 18B(1) and sections |
| 10 |
18B(3)(a) and 20(1)(a) of the Registration of Births, Deaths |
| |
and Marriages (Scotland) Act 1965; and |
| |
(c) | sub-paragraphs (a), (b) and (c) of Article 14ZA(3) of the Births |
| |
and Deaths Registration (Northern Ireland) Order 1976. |
| |
(3) | The Secretary of State may by order amend subsection (2) so as to |
| 15 |
add further enactments to the list in that subsection. |
| |
(4) | An agreement under subsection (1)(b) is also a “parental |
| |
responsibility agreement”, and section 4(2) applies in relation to such |
| |
an agreement as it applies in relation to parental responsibility |
| |
agreements under section 4. |
| 20 |
(5) | A person who has acquired parental responsibility under subsection |
| |
(1) shall cease to have that responsibility only if the court so orders. |
| |
(6) | The court may make an order under subsection (5) on the |
| |
| |
(a) | of any person who has parental responsibility for the child; or |
| 25 |
(b) | with the leave of the court, of the child himself, |
| |
| subject, in the case of parental responsibility acquired under |
| |
subsection (1)(c), to section 12(4). |
| |
(7) | The court may only grant leave under subsection (6)(b) if it is |
| |
satisfied that the child has sufficient understanding to make the |
| 30 |
| |
27 (1) | Section 12 of the Children Act 1989 (residence orders and parental |
| |
responsibility) is amended as follows. |
| |
(2) | After subsection (1) insert— |
| |
“(1A) | Where the court makes a residence order in favour of a woman who |
| 35 |
is a parent of a child by virtue of section 43 of the Human Fertilisation |
| |
and Embryology Act 2008 it shall, if that woman would not |
| |
otherwise have parental responsibility for the child, also make an |
| |
order under section 4ZA giving her that responsibility.” |
| |
| 40 |
(a) | after “(1)” insert “or (1A)”, |
| |
(b) | after “4” insert “or 4ZA”, and |
| |
(c) | for “father” substitute “parent”. |
| |
28 | In section 91 of the Children Act 1989 (effect and duration of orders)— |
| |
(a) | in subsection (7), after “4(1),” insert “4ZA(1),”, and |
| 45 |
(b) | in subsection (8)(a), after “4” insert “, 4ZA”. |
| |
|
| |
|
| |
|
29 | In section 104 of the Children Act 1989 (regulations and orders)— |
| |
(a) | in subsection (2), after “4(1B),” insert “4ZA(3),”, and |
| |
(b) | in subsection (3), after “4(1B)” insert “, 4ZA(3)”. |
| |
30 | In section 105 of the Children Act 1989 (interpretation), in subsection (1), in |
| |
the definition of “parental responsibility agreement”, after “sections 4(1)” |
| 5 |
| |
31 (1) | Schedule 1 to the Children Act 1989 (financial provision for children) is |
| |
| |
(2) | At the end of paragraph 4 insert— |
| |
“(5) | In the case of a child who has a parent by virtue of section 42 or 43 |
| 10 |
of the Human Fertilisation and Embryology Act 2008, any |
| |
reference in sub-paragraph (2), (3) or (4) to the child’s father is a |
| |
reference to the woman who is a parent of the child by virtue of |
| |
| |
(3) | At the end of paragraph 10 insert— |
| 15 |
“(8) | In the case of a child who has a parent by virtue of section 42 or 43 |
| |
of the Human Fertilisation and Embryology Act 2008, the |
| |
reference in sub-paragraph (1)(a) to the child’s father is a reference |
| |
to the woman who is a parent of the child by virtue of that section.” |
| |
Human Fertilisation and Embryology Act 1990 (c. 37) |
| 20 |
32 (1) | Section 32 of the 1990 Act (information to be provided to Registrar General) |
| |
| |
| |
(a) | for “man” substitute “person”, and |
| |
(b) | for “father” substitute “parent”. |
| 25 |
(3) | In subsection (2), for the words from “that the man” to “section 28 of this |
| |
Act” substitute “that the person may be a parent of the child by virtue of any |
| |
of the relevant statutory provisions”. |
| |
(4) | After subsection (2) insert— |
| |
“(2A) | In subsection (2) “the relevant statutory provisions” means— |
| 30 |
(a) | section 28 of this Act, and |
| |
(b) | sections 35 to 47 of the Human Fertilisation and Embryology |
| |
| |
33 | In section 34 of the 1990 Act (disclosure in the interests of justice), in |
| |
subsection (1), after “of this Act” insert “or sections 33 to 47 of the Human |
| 35 |
Fertilisation and Embryology Act 2008”. |
| |
34 (1) | Section 35 of the 1990 Act (disclosure of information in the interests of |
| |
justice: congenital disabilities etc.) is amended as follows. |
| |
(2) | In subsections (1) and (2), for “sections 27 to 29 of this Act” substitute “the |
| |
relevant statutory provisions”. |
| 40 |
|
| |
|
| |
|
(3) | After subsection (2) insert— |
| |
“(2A) | In subsections (1) and (2) “the relevant statutory provisions” |
| |
| |
(a) | sections 27 to 29 of this Act, and |
| |
(b) | sections 33 to 47 of the Human Fertilisation and Embryology |
| 5 |
| |
Child Support Act 1991 (c. 48) |
| |
35 | In section 26 of the Child Support Act 1991 (disputes about parentage), in |
| |
subsection (2), for Cases B and B1 substitute— |
| |
| 10 |
| Where the alleged parent is a parent of the child in question by virtue |
| |
of an order under section 30 of the Human Fertilisation and |
| |
Embryology Act 1990 or section 54 of the Human Fertilisation and |
| |
Embryology Act 2008 (parental orders). |
| |
| 15 |
| Where the Secretary of State is satisfied that the alleged parent is a |
| |
parent of the child in question by virtue of section 27 or 28 of the |
| |
Human Fertilisation and Embryology Act 1990 or any of sections 33 |
| |
to 46 of the Human Fertilisation and Embryology Act 2008 (which |
| |
relate to children resulting from assisted reproduction).” |
| 20 |
Family Law Act 1996 (c. 27) |
| |
36 | In section 63 of the Family Law Act 1996 (definition of family proceedings), |
| |
in subsection (2), for paragraph (h) substitute— |
| |
“(h) | section 54 of the Human Fertilisation and Embryology Act |
| |
| 25 |
Access to Justice Act 1999 (c. 22) |
| |
37 | In Schedule 2 to the Access to Justice Act 1999 (community legal services: |
| |
excluded services), in paragraph 2(3), for paragraph (f) substitute— |
| |
“(f) | under section 54 of the Human Fertilisation and |
| |
| 30 |
Adoption and Children Act 2002 (c. 38) |
| |
38 (1) | Section 51 of the Adoption and Children Act 2002 (adoption by one person) |
| |
| |
(2) | In subsection (4), for paragraph (b) substitute— |
| |
“(b) | by virtue of the provisions specified in subsection (5), there is |
| 35 |
| |
(3) | After subsection (4) insert— |
| |
“(5) | The provisions referred to in subsection (4)(b) are— |
| |
(a) | section 28 of the Human Fertilisation and Embryology Act |
| |
1990 (disregarding subsections (5A) to (5I) of that section), or |
| 40 |
|
| |
|
| |
|
(b) | sections 34 to 47 of the Human Fertilisation and Embryology |
| |
Act 2008 (disregarding sections 39, 40 and 46 of that Act).” |
| |
Mental Capacity Act 2005 (c. 9) |
| |
39 | In section 27 of the Mental Capacity Act 2005 (family relationships), in |
| |
subsection (1), after paragraph (h) insert— |
| 5 |
“(i) | giving a consent under the Human Fertilisation and |
| |
| |
| |
Enactments relating only to Scotland |
| |
Children and Young Persons (Scotland) Act 1937 (c. 37) |
| 10 |
40 | In section 110(1) of the Children and Young Persons (Scotland) Act 1937 |
| |
(interpretation), in the definition of “parental responsibilities”— |
| |
(a) | the words from “a father” to the end become paragraph (a), and |
| |
(b) | after that paragraph insert— |
| |
“(b) | a second female parent would have as a parent but for |
| 15 |
the operation of section 3(1)(d) of that Act.” |
| |
Registration of Births, Deaths and Marriages (Scotland) Act 1965 (c. 49) |
| |
41 | In section 14 of the Registration of Births, Deaths and Marriages (Scotland) |
| |
Act 1965 (duty to give information of particulars of birth), after subsection |
| |
| 20 |
“(4A) | In the case of a child who has a parent by virtue of section 42 of the |
| |
Human Fertilisation and Embryology Act 2008, the references in |
| |
subsections (1) and (2) to the father of the child are to be read as |
| |
references to the woman who is a parent by virtue of that section.” |
| |
42 | For section 18ZA of the Registration of Births, Deaths and Marriages |
| 25 |
(Scotland) Act 1965 substitute— |
| |
“18ZA | Registration of father or second female parent by virtue of certain |
| |
provisions of the Human Fertilisation and Embryology Act 2008 |
| |
(1) | The registrar shall not enter in the register— |
| |
(a) | as the father of a child the name of a man who is to be treated |
| 30 |
for that purpose as the father of the child by virtue of section |
| |
39(1) or 40(1) or (2) of the Human Fertilisation and |
| |
Embryology Act 2008 (circumstances in which man to be |
| |
treated as father of child for purpose of registration of birth |
| |
where fertility treatment undertaken after his death); or |
| 35 |
(b) | as a parent of the child, the name of a woman who is to be |
| |
treated for that purpose as a parent of the child by virtue of |
| |
section 46(1) or (2) of that Act (circumstances in which |
| |
woman to be treated as parent of child for purposes of |
| |
registration of birth where fertility treatment undertaken |
| 40 |
| |
| unless the condition in subsection (2) below is satisfied. |
| |
(2) | The condition in this subsection 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 |
| |
| 5 |
(3) | In this section “the relevant documents” means— |
| |
(a) | the consent in writing and election mentioned in section |
| |
39(1), 40(1) or (2) or 46(1) or (2) (as the case requires) of the |
| |
Human Fertilisation and Embryology Act 2008; |
| |
(b) | a certificate of a registered medical practitioner as to the |
| 10 |
medical facts concerned; and |
| |
(c) | such other documentary evidence (if any) as the registrar |
| |
| |
43 | After section 18A of the Registration of Births, Deaths and Marriages |
| |
(Scotland) Act 1965 insert— |
| 15 |
“18B | Births of children where second female parent by virtue of section 43 |
| |
of the Human Fertilisation and Embryology Act 2008 |
| |
(1) | No woman shall as a parent of a child by virtue of section 43 of the |
| |
Human Fertilisation and Embryology Act 2008 (“the woman |
| |
concerned”) be required, as a parent of the child, to give information |
| 20 |
concerning the birth of the child and, save as provided in section 20 |
| |
of this Act, the district registrar for the registration district shall not |
| |
enter in the birth registration form concerning the birth the name and |
| |
surname of any woman as a parent of the child by virtue of section |
| |
43 of that Act of 2008 except— |
| 25 |
(a) | at the joint request of the mother and the person |
| |
acknowledging herself to be the other parent of the child (in |
| |
which case that person shall attest, in the prescribed manner, |
| |
the birth registration form together with the mother); or |
| |
(b) | at the request of the mother on production of— |
| 30 |
(i) | a declaration in the prescribed form made by the |
| |
mother stating that the person is a parent of the child |
| |
by virtue of section 43 of the Human Fertilisation and |
| |
| |
(ii) | a statutory declaration made by the woman |
| 35 |
concerned acknowledging herself to be a parent of the |
| |
child by virtue of section 43 of that Act; or |
| |
(c) | at the request of the mother on production of a decree by a |
| |
competent court finding or declaring the woman concerned |
| |
to be a parent of the child by virtue of section 43 of that Act; or |
| 40 |
(d) | at the request of the woman concerned on production of— |
| |
(i) | a declaration in the prescribed form made by the |
| |
woman concerned acknowledging herself to be a |
| |
parent of the child by virtue of section 43 of that Act; |
| |
| 45 |
(ii) | a statutory declaration made by the mother stating |
| |
that the woman concerned is a parent of the child by |
| |
virtue of section 43 of that Act. |
| |
(2) | Where a person acknowledging herself to be a parent of the child by |
| |
virtue of section 43 of the Human Fertilisation and Embryology Act |
| 50 |
|
| |
|