Human Fertilisation and Embryology Bill [HL]

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

Human Fertilisation and Embryology Bill [HL]

Human Fertilisation and Embryology Bill [HL]
Schedule 6 — Amendments relating to parenthood in cases involving assisted reproduction
Part 2 — Enactments relating only to Scotland
87

2008 makes a request to the district registrar for the registration
district in accordance with paragraph (d) of subsection (1) of this
section, she shall be treated as a qualified informant concerning the
birth of the child for the purposes of this Act; and the giving of
information concerning the birth of the child by that person and the
5
attesting of the birth registration form concerning the birth by her in
the presence of the registrar shall act as a discharge of any duty of
any other qualified informant under section 14 of this Act.
(3)
In any case where the name and surname of a woman who is a parent
of a child by virtue of section 43 of the Human Fertilisation and
10
Embryology Act 2008 has not been entered in the birth registration
form concerning the birth, the Registrar General may record that
name and surname by causing an appropriate entry to be made in
the Register of Corrections Etc.—
(a)
if there is produced to him a declaration and a statutory
15
declaration such as are mentioned in paragraph (b) or (d) of
subsection (1) of this section; or
(b)
if, where the mother is dead or cannot be found or is
incapable of making a request under subsection (1)(b) or (c)
of this section, or a declaration under subsection (1)(b)(i) or a
20
statutory declaration under subsection (1)(d)(ii) of this
section, the Registrar General is ordered so to do by the
sheriff upon application made to the sheriff by the person
acknowledging herself to be a parent of a child by virtue of
section 43 of the Human Fertilisation and Embryology Act
25
2008.”
44
In section 20 of the Registration of Births, Deaths and Marriages (Scotland)
Act 1965—
(a)
after subsection (1)(c) insert “, or
(d)
the entry relating to the child in the register of births
30
has been made so as to imply that the person, other
than the mother, recorded as a parent of the child is so
by virtue of section 43 of the Human Fertilisation and
Embryology Act 2008 and the mother and that person
have subsequently become parties to a civil
35
partnership with each other and subject to subsection
(1B) below,”, and
(b)
in subsection (1B)—
(i)
after “(c)” insert “or (d)”,
(ii)
after “paternity” insert “or parentage”, and
40
(iii)
after “18” insert “or 18B”.
Family Law (Scotland) Act 1985 (c. 37)
45
In section 9(1)(c)(ii) of the Family Law (Scotland) Act (court to consider
burden of caring for child following dissolution of civil partnership), after
“family” insert “or in respect of whom they are, by virtue of sections 33 and
45
42 of the Human Fertilisation and Embryology Act 2008, the parents”.
46
In section 27(1) of the Family Law (Scotland) Act (interpretation), in the
definition of “family”, at the end insert “or in respect of whom they are, by
virtue of sections 33 and 42 of the Human Fertilisation and Embryology Act
2008, the parents;”.
50

Human Fertilisation and Embryology Bill [HL]
Schedule 6 — Amendments relating to parenthood in cases involving assisted reproduction
Part 2 — Enactments relating only to Scotland
88

Children (Scotland) Act 1995 (c. 36)
47
In section 1(1) of the Children (Scotland) Act 1995 (parental responsibilities),
after “3(1)(b)” insert “, and (d)”.
48
In section 2(1) of the Children (Scotland) Act 1995 (parental rights), after
“3(1)(b)” insert “, and (d)”.
5
49    (1)
Section 3 of the Children (Scotland) Act 1995 (provisions relating both to
parental responsibilities and parental rights) is amended as follows.
      (2)
After subsection (1)(b), insert—
“(c)
without prejudice to any arrangements which may be made
under subsection (5) below, where a child has a parent by
10
virtue of section 42 of the Human Fertilisation and
Embryology Act 2008, that parent has parental
responsibilities and parental rights in relation to the child;
(d)
without prejudice to any arrangements which may be made
under subsection (5) below and subject to any agreement
15
which may be made under section 4A(1) of this Act, where a
child has a parent by virtue of section 43 of the Human
Fertilisation and Embryology Act 2008, that parent has
parental responsibilities and parental rights in relation to the
child if she is registered as a parent of the child under any of
20
the enactments mentioned in subsection (3A).”
      (3)
After subsection (3), insert—
“(3A)
Those enactments are—
(a)
paragraphs (a), (b) and (d) of section 18B(1) and section
18B(3)(a) of the Registration of Births, Deaths and Marriages
25
(Scotland) Act 1965;
(b)
paragraphs (a), (b) and (c) of section 10(1B) and of section
10A(1B) of the Births and Deaths Registration Act 1953;
(c)
sub-paragraphs (a), (b) and (c) of Article 14ZA(3) of the Births
and Deaths Registration (Northern Ireland) Order 1976.”
30
      (4)
In subsection (5), for “section 4(1)” substitute “sections 4(1) and 4A(1)”.
50
After section 4 of the Children (Scotland) Act 1995 insert—
“4A
Acquisition of parental responsibilities and parental rights by second
female parent by agreement with mother
(1)
Where—
35
(a)
a child’s mother has not been deprived of some or all of the
parental responsibilities and parental rights in relation to the
child; and
(b)
the child has a parent by virtue of section 43 of the Human
Fertilisation and Embryology Act 2008 and that parent is not
40
registered as such under any of the enactments mentioned in
section 3(3A),

the mother and the other parent may by agreement provide that, as
from the appropriate date, the other parent shall have the parental
responsibilities and rights (in the absence of any order under section
45
11 of this Act affecting responsibilities and rights) as if the other

Human Fertilisation and Embryology Bill [HL]
Schedule 6 — Amendments relating to parenthood in cases involving assisted reproduction
Part 2 — Enactments relating only to Scotland
89

parent were treated as a parent by virtue of section 42 of that Act of
2008.
(2)
Section 4(2), (3) and (4) applies in relation to an agreement under
subsection (1) of this section as it applies in relation to an agreement
under subsection (1) of section 4.”
5
51    (1)
Section 11 of the Children (Scotland) Act 1995 (court orders relating to
parental responsibilities) is amended as follows.
      (2)
In subsection (4)(c)—
(a)
for “subsection (9) of section 30 of the Human Fertilisation and
Embryology Act 1990 (provision for enactments about adoption to
10
have effect with modifications)” substitute “section 55(1) of the
Human Fertilisation and Embryology Act 2008 (parental orders:
supplementary provision)”, and
(b)
for “subsection (1) of that section” substitute “section 54 of that Act”.
      (3)
In subsection (11), after “4(2)” insert “or 4A(2)”.
15
52
In section 12(4)(b) of the Children (Scotland) Act 1995 (meaning of “child of
the family” in civil partnership cases)—
(a)
the words from “who” to the end become sub-paragraph (i), and
(b)
after that sub-paragraph insert “; or
(ii)
whose parents are the partners (being parents
20
by virtue of sections 33 and 42 of the Human
Fertilisation and Embryology Act 2008).”
53
In section 15(1) of the Children (Scotland) Act 1995 (interpretation of Part 1),
in the definition of “parent”—
(a)
after “1990” insert “and Part 2 of the Human Fertilisation and
25
Embryology Act 2008”, and
(b)
for “subsection (9) of the said section 30” substitute “section 55(1) of
that Act of 2008”.
Criminal Law (Consolidation) (Scotland) Act 1995 (c. 39)
54
In section 1(1) of the Criminal Law (Consolidation) (Scotland) Act 1995
30
(offence of incest), at the end of the table set out at the end of that subsection
insert—

“3. Relationships by virtue of Part 2 of the

Human Fertilisation and Embryology Act

2008

35

Mother
Father

Daughter
Son

Second female parent by

virtue of section 42 or 43

of that Act”

40

Human Fertilisation and Embryology Bill [HL]
Schedule 6 — Amendments relating to parenthood in cases involving assisted reproduction
Part 3 — Enactments relating only to Northern Ireland
90

Adoption and Children (Scotland) Act 2007 (asp 4)
55    (1)
Section 30 of the Adoption and Children (Scotland) Act 2007 (adoption by
one person) is amended as follows.
      (2)
In subsection (7), for paragraph (c) substitute—
“(c)
by virtue of the provisions specified in subsection (7A), there
5
is no other parent, or”.
      (3)
After subsection (7) insert—
“(7A)
The provisions referred to in subsection (7)(c) are—
(a)
section 28 of the Human Fertilisation and Embryology Act
1990 (disregarding subsections (5A) to (5I) of that section), or
10
(b)
sections 34 to 47 of the Human Fertilisation and Embryology
Act 2008 (disregarding sections 39, 40 and 46 of that Act).”
Part 3
Enactments relating only to Northern Ireland
Legitimacy Act (Northern Ireland) 1928 (c. 5 (N.I.))
15
56    (1)
Section 1 of the Legitimacy Act (Northern Ireland) 1928 (legitimation by
subsequent marriage of parents) is amended as follows.
      (2)
In the heading, after “marriage” insert “or civil partnership”.
      (3)
After subsection (1) insert—
“(1A)
Subject to subsection (3), where—
20
(a)
a person (“the child”) has a parent (“the female parent”) by
virtue of section 43 of the Human Fertilisation and
Embryology Act 2008 (treatment provided to woman who
agrees that second woman to be parent);
(b)
at the time of the child’s birth, the female parent and the
25
child’s mother are not civil partners of each other;
(c)
the female parent and the child’s mother subsequently enter
into a civil partnership; and
(d)
the female parent is at the date of the civil partnership
domiciled in Northern Ireland,
30

the civil partnership shall render the child, if living, legitimate from
the date of the formation of the civil partnership.”
57    (1)
Section 8 of the Legitimacy Act (Northern Ireland) 1928 (provisions as to
persons legitimated by extraneous law) is amended as follows.
      (2)
After subsection (1) insert—
35
“(1A)
Where—
(a)
a person (“the child”) has a parent (“the female parent”) by
virtue of section 43 of the Human Fertilisation and
Embryology Act 2008 (treatment provided to woman who
agrees that second woman to be parent);
40
(b)
at the time of the child’s birth, the female parent and the
child’s mother are not civil partners of each other;

Human Fertilisation and Embryology Bill [HL]
Schedule 6 — Amendments relating to parenthood in cases involving assisted reproduction
Part 3 — Enactments relating only to Northern Ireland
91

(c)
the female parent and the child’s mother subsequently enter
into a civil partnership; and
(d)
the female parent is at the time of the civil partnership
domiciled in a country, other than Northern Ireland, by the
law of which the child became legitimated by virtue of the
5
civil partnership;

the child, if living, shall in Northern Ireland be recognised as having
been so legitimated from the date of the formation of the civil
partnership notwithstanding that, at the time of the child’s birth, the
female parent was not domiciled in a country the law of which
10
permitted legitimation by subsequent civil partnership.”
58
In section 11 of the Legitimacy Act (Northern Ireland) 1928 (interpretation),
in the definition of “date of legitimation”, after “date of the marriage” insert
“or of the formation of the civil partnership”.
Births and Deaths Registration (Northern Ireland) Order 1976 (S.I. 1976/1041 (N.I. 14))
15
59    (1)
Article 10 of the Births and Deaths Registration (Northern Ireland) Order
1976 (registration of births) is amended as follows.
      (2)
In paragraph (4) for “Article 14” substitute “Articles 14 and 14ZA”.
      (3)
After paragraph (4) insert—
“(4A)
In the case of a child who has a parent by virtue of section 42 or 43 of
20
the Human Fertilisation and Embryology Act 2008, the references in
paragraphs (3)(a) and (4) to the father of the child are to be read as
references to the woman who is a parent by virtue of that section.”
60
After Article 14 of the Births and Deaths Registration (Northern Ireland)
Order 1976 insert—
25
“14ZA
  Registration of second female parent where parents not civil
partners
(1)
This Article applies, subject to Article 14A, in the case of a child
who—
(a)
has a parent by virtue of section 43 of the Human Fertilisation
30
and Embryology Act 2008; but
(b)
is a person to whom Article 155(3) of the Children (Northern
Ireland) Order 1995 (persons to be covered by references to a
person whose mother and father were married to each other
at the time of the person’s birth) does not apply.
35
(2)
The woman who is a parent by virtue of section 43 of the Human
Fertilisation and Embryology Act 2008 shall not as such be under any
duty to give any information under this Part concerning the birth of
the child.
(3)
A registrar shall not enter the name of any person as a parent of the
40
child by virtue of that section unless—
(a)
the mother and the person stating herself to be the other
parent of the child jointly request the registrar to do so and in
that event the mother and that person shall sign the register
in the presence of each other; or
45
(b)
the mother requests the registrar to do so and produces—

Human Fertilisation and Embryology Bill [HL]
Schedule 6 — Amendments relating to parenthood in cases involving assisted reproduction
Part 3 — Enactments relating only to Northern Ireland
92

(i)
a declaration in the prescribed form made by her
stating that the person to be registered (“the woman
concerned”) is a parent of the child by virtue of
section 43 of the Human Fertilisation and
Embryology Act 2008; and
5
(ii)
a statutory declaration made by the woman
concerned stating herself to be a parent of the child by
virtue of section 43 of that Act; or
(c)
the woman concerned requests the registrar to do so and
produces—
10
(i)
a declaration in the prescribed form made by the
woman concerned stating herself to be a parent of the
child by virtue of section 43 of the Human
Fertilisation and Embryology Act 2008; and
(ii)
a statutory declaration made by the mother stating
15
that the woman concerned is a parent of the child by
virtue of section 43 of that Act; or
(d)
the mother or the woman concerned requests the registrar to
do so and produces—
(i)
a copy of a parental responsibility agreement made
20
between them in relation to the child; and
(ii)
a declaration in the prescribed form by the person
making the request stating that the agreement was
made in compliance with Article 7 of the Children
(Northern Ireland) Order 1995 and has not been
25
brought to an end by an order of a court; or
(e)
the mother or the woman concerned requests the registrar to
do so and produces—
(i)
a certified copy of an order under Article 7 of the
Children (Northern Ireland) Order 1995 giving the
30
woman concerned parental responsibility for the
child; and
(ii)
a declaration in the prescribed form by the person
making the request stating that the order has not been
brought to an end by an order of a court; or
35
(f)
the mother or the woman concerned requests the registrar to
do so and produces—
(i)
a certified copy of an order under paragraph 2 of
Schedule 1 to the Children (Northern Ireland) Order
1995 which requires the woman concerned to make
40
any financial provision for the child and which is not
an order falling within paragraph 5(3) of that
Schedule; and
(ii)
a declaration in the prescribed form by the person
making the request stating that the order has not been
45
discharged by an order of a court.
(4)
Where, in the case of child to whom section 155(3) of the Children
(Northern Ireland) Order 1995 does not apply, a person stating
herself to be a parent of the child by virtue of section 43 of the Human
Fertilisation and Embryology Act 2008 makes a request to the
50
registrar in accordance with any of sub-paragraphs (c) to (f) of
paragraph (3)—

Human Fertilisation and Embryology Bill [HL]
Schedule 6 — Amendments relating to parenthood in cases involving assisted reproduction
Part 3 — Enactments relating only to Northern Ireland
93

(a)
she shall be treated as a qualified informant concerning the
birth of the child for the purposes of this Part; and
(b)
on the giving of the required information concerning the
birth of the child by that person and the signing of the register
by her in the presence of the registrar every other qualified
5
informant shall cease to be under the duty imposed by Article
10(4).”
61
For Article 14A of the Births and Deaths Registration (Northern Ireland)
Order 1976 substitute—
“14A
Registration of father or second female parent by virtue of certain
10
provisions of Human Fertilisation and Embryology Act 2008
(1)
A registrar shall not enter in the register—
(a)
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
39(1) or 40(1) or (2) of the Human Fertilisation and
15
Embryology Act 2008 (circumstances in which man to be
treated as father of child for purposes of registration of birth
where fertility treatment undertaken after his death); or
(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
20
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
after her death);

unless the condition in paragraph (2) below is satisfied.
25
(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
30
qualified informant.
(3)
In this Article “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;
35
(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.”
62    (1)
Article 18 of the Births and Deaths Registration (Northern Ireland) Order
40
1976 (re-registration of births) is amended as follows.
      (2)
In paragraph (1)—
(a)
in sub-paragraph (b), after “child” insert “who has a father and”,
(b)
after sub-paragraph (b) insert—
“(ba)
in the case of a child who has a parent by virtue of
45
section 43 of the Human Fertilisation and
Embryology Act 2008 and to whom Article 155(3) of