Human Fertilisation and Embryology Bill [HL]

House of Commons

Session 2007 - 08
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Human Fertilisation and Embryology Bill [HL]

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
94

the Children (Northern Ireland) Order 1995 does not
apply—
(i)
the birth was registered as if Article 155(3) of
that Order did apply to the child; or
(ii)
no particulars relating to a parent of the child
5
by virtue of section 42, 43 or 46(1) or (2) of that
Act have been entered in the register; or”, and
(c)
for sub-paragraph (c) substitute—
“(c)
in the case of a person who is to be treated—
(i)
as the father of the child by virtue of section
10
39(1) or 40(1) or (2) of the Human Fertilisation
and Embryology Act 2008; or
(ii)
as a parent of the child by virtue of section
46(1) or (2) of that Act;

the condition in Article 14A(2) is satisfied.”
15
      (3)
At the end of paragraph (1A) insert “and re-registration under sub-
paragraph (ba)(ii) shall not be authorised otherwise than in accordance with
Article 14ZA(3)”.
63    (1)
Article 19 of the Births and Deaths Registration (Northern Ireland) Order
1976 (re-registration of births of legitimated persons) is amended as follows.
20
      (2)
In paragraph (3)—
(a)
after sub-paragraph (a) insert—
“(aa)
the name of a person acknowledging herself to be a
parent of the legitimated person by virtue of section
43 of the Human Fertilisation and Embryology Act
25
2008 has been entered in the register in pursuance of
Article 14ZA or 18 of this Order; or”, and
(b)
after sub-paragraph (b) insert—
“(ba)
the parentage by virtue of section 43 of the Human
Fertilisation and Embryology Act 2008 of the
30
legitimated person has been established by a decree
of a court of competent jurisdiction; or”.
      (3)
In paragraph (4), after “marriage” insert “or the formation of the civil
partnership”.
      (4)
In paragraph (5)—
35
(a)
after “marriage” insert “or civil partnership”, and
(b)
after “date of the marriage” insert “or the formation of the civil
partnership”.
64
In Article 20 of the Births and Deaths Registration (Northern Ireland) Order
1976 (registration of births of legitimated person), in paragraph (2), for “sub-
40
paragraph (a)” substitute “sub-paragraphs (a) and (aa)”.
65
In Article 37 of the Births and Deaths Registration (Northern Ireland) Order
1976 (registration or alteration of child’s name), in paragraph (7)—
(a)
after sub-paragraph (a) insert—
“(aa)
in the case of a child who has a parent by virtue of
45
section 42 or 43 of the Human Fertilisation and
Embryology Act 2008, the mother and other parent of
the child if Article 155(3) of the Children (Northern

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
95

Ireland) Order 1995 applies to the child or if it does
not apply but the other parent has parental
responsibility for the child;”, and
(b)
for sub-paragraph (b) substitute—
“(b)
the mother of the child if—
5
(i)
in the case of a child who has a father, the
child’s parents were not married to each other
at the time of the birth and the father does not
have parental responsibility for the child; and
(ii)
in the case of a child who has a parent by
10
virtue of section 43 of the Human Fertilisation
and Embryology Act 2008, Article 155(3) of
the Children (Northern Ireland) Order 1995
does not apply to the child and the parent by
virtue of that section of that Act does not have
15
parental responsibility for the child;”.
Family Law Reform (Northern Ireland) Order 1977 (S.I. 1977/1250 (N.I. 17))
66
In Article 13 of the Family Law Reform (Northern Ireland) Order 1977
(interpretation of Part 3), in the definition of “excluded”, after “1990” insert
“and to sections 33 to 47 of the Human Fertilisation and Embryology Act
20
2008”.
Adoption (Northern Ireland) Order 1987 (S.I. 1987/2203 (N.I. 22))
67    (1)
Article 15 of the Adoption (Northern Ireland) Order 1987 (adoption by one
person) is amended as follows.
      (2)
In paragraph (3)(a), for the words from “or, by virtue of” to “other parent”
25
substitute “or, by virtue of the provisions specified in paragraph (3A), there
is no other parent”.
      (3)
After paragraph (3) insert—
“(3A)
The provisions referred to in paragraph (3)(a) are—
(a)
section 28 of the Human Fertilisation and Embryology Act
30
1990 (disregarding subsections (5A) to (5I) of that section), or
(b)
sections 34 to 47 of the Human Fertilisation and Embryology
Act 2008 (disregarding sections 39, 40 and 46 of that Act).”
Child Support (Northern Ireland) Order 1991 (S.I. 1991/2628 (N.I. 23))
68
In Article 27 of the Child Support (Northern Ireland) Order 1991 (disputes
35
about parentage), in paragraph (2), for Cases B and B1 substitute—
“CASE B

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
40
Embryology Act 2008 (parental orders).
CASE B1

Where the Department is satisfied that the alleged parent is a parent
of the child in question by virtue of section 27 or 28 of the Human

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
96

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).”
Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I. 2))
69
In Article 2 of the Children (Northern Ireland) Order 1995, in paragraph (2),
5
in the definition of “parental responsibility agreement”, for “Article 7(1)(b)”
substitute “Article 7(1ZB)”.
70    (1)
Article 5 of the Children (Northern Ireland) Order 1995 (parental
responsibility for children) is amended as follows.
      (2)
After paragraph (1) insert—
10
“(1A)
Where a child—
(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
to whom Article 155(3) applies,
15

the child’s mother and the other parent shall each have parental
responsibility for the child.”
      (3)
After paragraph (2) insert—
“(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
20
Article 155(3) applies—
(a)
the mother shall have parental responsibility for the child;
(b)
the other parent shall have parental responsibility for the
child if she has acquired it (and has not ceased to have it) in
accordance with the provisions of this Order.”
25
71    (1)
Article 7 of the Children (Northern Ireland) Order 1995 (acquisition of
parental responsibility) is amended as follows.
      (2)
In paragraph (1)(b), omit “(a “parental responsibility agreement”)”.
      (3)
After paragraph (1) insert—
“(1ZA)
Where a child has a parent by virtue of section 43 of the Human
30
Fertilisation and Embryology Act 2008 and is not a person to whom
Article 155(3) applies, that parent shall acquire parental
responsibility for the child if—
(a)
she becomes registered as a parent of the child;
(b)
she and the child’s mother make an agreement providing for
35
her to have parental responsibility for the child; or
(c)
the court, on her application, orders that she shall have
parental responsibility for the child.
(1ZB)
An agreement under paragraph (1)(b) or (1ZA)(b) is known as a
“parental responsibility agreement”.”
40
      (4)
After paragraph (2) insert—
“(2A)
In paragraph (1)(a) “registered” means registered under—
(a)
Article 14(3)(a), (b) or (c) of the Births and Deaths
Registration (Northern Ireland) Order 1976;

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
97

(b)
paragraph (a), (b) or (c) of section 10(1) or 10A(1) of the Births
and Deaths Registration Act 1953; or
(c)
paragraph (a), (b)(i) or (c) of section 18(1) of the Registration
of Births, Deaths and Marriages (Scotland) Act 1965.
(2B)
In paragraph (1ZA)(a) “registered” means registered under—
5
(a)
Article 14ZA(3)(a), (b) or (c) of the Births and Deaths
Registration (Northern Ireland) Order 1976;
(b)
paragraph (a), (b) or (c) of section 10(1B) and of section
10A(1B) of the Births and Deaths Registration Act 1953; or
(c)
paragraph (a), (b) or (d) of section 18B(1) of, or sections
10
18B(3)(a) and 20(1)(a) of, the Registration of Births, Deaths
and Marriages (Scotland) Act 1965.”
      (5)
In paragraph (3), omit the words from “and “registered”” to the end.
      (6)
In paragraph (3A), after “paragraph (1)” insert “, (1ZA)”.
      (7)
In paragraph (4)—
15
(a)
for “the father” substitute “a parent”, and
(b)
after “paragraph (1)(c)” insert “or (1ZA)(c)”.
72
In Article 8 of the Children (Northern Ireland) Order 1995 (residence, contact
and other orders with respect to children), in paragraph (4), for sub-
paragraph (g) substitute—
20
“(g)
section 54 of the Human Fertilisation and Embryology Act
2008;”.
73    (1)
Article 12 of the Children (Northern Ireland) Order 1995 (residence orders
and parental responsibility) is amended as follows.
      (2)
After paragraph (1) insert—
25
“(1A)
Where the court makes a residence order in favour of a person who
is a parent of a child by virtue of section 43 of the Human Fertilisation
and Embryology Act 2008 it shall, if that person would not otherwise
have parental responsibility for the child, also make an order under
Article 7(1ZA) giving her that responsibility.”
30
      (3)
In paragraph (4)—
(a)
after “(1)” insert “or (1A)”, and
(b)
for “father” substitute “parent”.
74    (1)
Article 155 of the Children (Northern Ireland) Order 1995 (parents not being
married to each other to have no effect in law on relationships) is amended
35
as follows.
      (2)
In paragraph (3), after sub-paragraph (b) insert—
“(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
40
to a civil partnership or, in certain circumstances, a void civil
partnership);
(bb)
has a parent by virtue of section 43 of that Act (which relates
to treatment provided to woman who agrees that second
woman to be parent) who—
45

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
98

(i)
is the civil partner of the child’s mother at the time of
the child’s birth, or
(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
5
birth;”.
      (3)
After paragraph (4) insert—
“(4A)
A child whose parents are parties to a void civil partnership shall,
subject to paragraph (4B), be treated as falling within paragraph
(3)(bb) if at the time when the parties registered as civil partners of
10
each other both or either of the parties reasonably believed that the
civil partnership was valid.
(4B)
Paragraph (4A) applies only where the woman who is a parent by
virtue of section 43 was domiciled in Northern Ireland at the time of
the birth or, if she died before the birth, was so domiciled before her
15
death.
(4C)
Paragraph (4A) applies even though the belief that the civil
partnership was valid was due to a mistake as to law.
(4D)
It shall be presumed for the purposes of paragraph (4A), unless the
contrary is shown, that one of the parties to a void civil partnership
20
reasonably believed at the time of the formation of the civil
partnership that the civil partnership was valid.”
75
In Article 179 of the Children (Northern Ireland) Order 1995 (effect and
duration of orders etc), in paragraph (7), after “7(1)” insert “, (1ZA)”.
76    (1)
Schedule 1 to the Children (Northern Ireland) Order 1995 (financial
25
provision for children) is amended as follows.
      (2)
At the end of paragraph 5 insert—
    “(5)
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, any
reference in sub-paragraph (2), (3) or (4) to the child’s father is a
30
reference to the woman who is a parent of the child by virtue of
that section.”
      (3)
At the end of paragraph 12 insert—
    “(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
35
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.”
77    (1)
Paragraph 1 of Schedule 6 to the Children (Northern Ireland) Order 1995
(succession on intestacy where parents not married to each other) is
amended as follows.
40
      (2)
At the end of sub-paragraph (2) insert—
   “(2A)
In the case of a person who has a 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), the second and third
45
references in paragraph (2) to the person’s father are to

Human Fertilisation and Embryology Bill [HL]
Schedule 7 — Minor and consequential amendments
99

be read as references to the woman who is a parent of
the person by virtue of that section.”
      (3)
In sub-paragraph (3) for “section 19(1) of that Act” substitute “section 19(1)
of the Administration of Estates Act (Northern Ireland) 1955”.
Family Homes and Domestic Violence (Northern Ireland) Order 1998 (S.I. 1998/1071 (N.I. 6))
5
78
In Article 2 of the Family Homes and Domestic Violence (Northern Ireland)
Order 1998 (interpretation), in paragraph (3), for sub-paragraph (f)
substitute—
“(f)
section 54 of the Human Fertilisation and Embryology Act
2008;”.
10
Schedule 7
Section 65

Minor and consequential amendments
Congenital Disabilities (Civil Liability) Act 1976 (c. 28)
1
In section 4 of the Congenital Disabilities (Civil Liability) Act 1976
(interpretation), in subsection (2), for “section 1 of the Human Fertilisation
15
and Embryology Act 1990” substitute “section 1(1) of the Human
Fertilisation and Embryology Act 1990 and any regulations under section
1(6) of that Act”.
Human Fertilisation and Embryology Act 1990 (c. 37)
2
In section 2 of the 1990 Act (other terms)—
20
(a)
in subsection (1), in the definition of “store”, for “or embryos”
substitute “, embryos or human admixed embryos”, and
(b)
in subsection (2), for “or gametes” substitute “, gametes or human
admixed embryos”.
3
Omit section 10 of the 1990 Act (licensing procedure).
25
4
In section 13A of the 1990 Act (conditions of licences for non-medical fertility
services), omit subsection (4).
5
Omit section 22 of the 1990 Act (temporary suspension of licence).
6
In section 23 of the 1990 Act (directions: general)—
(a)
in subsection (5), for paragraph (a) substitute—
30
“(a)
in respect of any licence (including a licence which
has ceased to have effect), by serving notice of the
directions on the person—
(i)
who is the person responsible or the holder of
the licence, if different, or
35
(ii)
who was the person responsible or the holder
of the licence, if different,”, and
(b)
omit subsection (6).

Human Fertilisation and Embryology Bill [HL]
Schedule 7 — Minor and consequential amendments
100

7
In section 31A of the 1990 Act (the Authority’s register of licences), in
subsection (2)(c), for “, if applicable, the nominal licensee” substitute “the
name of the holder of the licence (if different)”.
8
In section 32 of the 1990 Act (information to be provided to Registrar
General), in subsection (3), for “section 33” substitute “33A”.
5
9
In section 34 of the 1990 Act (disclosure in the interests of justice), in
subsection (1), for section “31(2)(b)” substitute “section 31(2)(c) to (e)”.
10
In section 47 of the 1990 Act (index)—
(a)
in the first column, after “embryo” insert “(except in section 4A or in
the term “human admixed embryo”)”,
10
(b)
in the first column, after “gametes, eggs or sperm”, insert “(except in
section 4A)”,
(c)
in the first column, in the entry relating to “store”, after “embryos”
insert “, human admixed embryos”,
(d)
at the appropriate places insert—
15

“appeals committee
section 20A(2)”

“human admixed embryo
section 4A(5)”

“nuclear DNA (in relation to
section 2(1)”, and

an embryo)

(e)
omit the entries relating to “licence committee” and “nominal
20
licensee”.
11
In section 48 of the 1990 Act (application to Northern Ireland) for “sections
33(6)(h) and” substitute “sections 33A(2)(s) and”.
12
In Schedule 1 to the 1990 Act (the Authority: supplementary provision)—
(a)
in paragraph 9(1), for “The” substitute “Subject to any provision of
25
this Act, the”,
(b)
in paragraph 10(3), omit “or any licence committee”, and
(c)
after paragraph 14, insert—
“Application of Statutory Instruments Act 1946
15
The Statutory Instruments Act 1946 (c. 36) applies to any
30
power to make orders or regulations conferred by an Act
on the Authority as if the Authority were a Minister of the
Crown.”
Age of Legal Capacity (Scotland) Act 1991 (c. 50)
13
In section 2 of the Age of Legal Capacity (Scotland) Act 1991, after subsection
35
(4) (which provides for an exception to the general rule about the age of legal
capacity in relation to surgical, medical or dental procedure or treatment)
insert—
“(4ZA)
For the purposes of subsection (4), the storage of gametes in
accordance with the Human Fertilisation and Embryology Act 1990
40
(c.37) is to be treated as a medical procedure.”