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(b)	in relation to Northern Ireland, to be read in accordance with the

Children (Northern Ireland) Order 1995;

(c)	in relation to Scotland, to be read as a reference to parental

responsibilities and parental rights within the meaning of the

Children (Scotland) Act 1995.’.

Mark Simmonds

37

Clause  25,  page  28,  leave out line 46 to line 8 on page 29.

Dr Evan Harris

119

Clause  30,  page  34,  line  12,  at end insert ‘section 3ZA(5A)’.

Dawn Primarolo

55

Clause  30,  page  34,  line  14,  leave out ‘4A(5)(e) or (10)’ and insert ‘4A(4A) or

(10)’.

Dawn Primarolo

56

Clause  30,  page  34,  line  21,  leave out ‘, 3(5)’.

Dawn Primarolo

57

Clause  31,  page  34,  leave out lines 34 and 35.

Dawn Primarolo

58

Clause  40,  page  39,  line  15,  leave out ‘a’ and insert ‘the’.

Dawn Primarolo

59

Clause  48,  page  43,  line  13,  at end insert—

‘(5A)

In relation to England and Wales and Northern Ireland, a child who—

(a)	has a parent by virtue of section 42, or

(b)	has a parent by virtue of section 43 who is at any time during the period

beginning with the time mentioned in section 43(b) and ending with the

time of the child’s birth a party to a civil partnership with the child’s

mother,

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is the legitimate child of the child’s parents.’.

Dawn Primarolo

60

Clause  50,  page  44,  line  10,  at end insert—

‘( )	The reference in section 48(5A)(b) to a civil partnership includes a reference to a

void civil partnership if either or both of the parties reasonably believed at the

time when they registered as civil partners of each other that the civil partnership

was valid; and for this purpose it is to be presumed, unless the contrary is shown,

that one of them reasonably believed at that time that the civil partnership was

valid.’.

Dawn Primarolo

61

Clause  53,  page  45,  line  16,  at end insert—

‘( )	the Schedule to the Population (Statistics) Act 1938 (c. 12),’.

Dawn Primarolo

104

Schedule  6,  page  72,  line  25,  at end insert—

‘Population (Statistics) Act 1938 (c. 12)

A1  (1)

In the Schedule to the Population (Statistics) Act 1938 (particulars which may

be required), in paragraph 1 (which relates to the registration of a birth)—

(a)	in paragraph (b), after “child,” insert “or as a parent of the child by

virtue of section 42 or 43 of the Human Fertilisation and Embryology

Act 2008,”, and

(b)	in paragraph (c)—

(i)	in sub-paragraph (i), after “marriage” insert “or of their

formation of a civil partnership”, and

(ii)	at the beginning of each of sub-paragraphs (ii) and (iii) insert

“where the parents are married,”.

(2)	Sub-paragraph (1)(b)(ii) does not extend to Scotland.’.

Dawn Primarolo

105

Schedule  7,  page  99,  line  24,  at end insert—

‘2A	In section 7 of the 1990 Act (reports to Secretary of State) for subsection (1)

substitute—

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“(1)	The Authority shall prepare—

(a)	a report for the period beginning with the 1 August preceding

the relevant commencement date (or if that date is a 1 August,

beginning with that date) and ending with the next 31 March,

and

(b)	a report for each succeeding period of 12 months ending with

31 March.

(1A)	In subsection (1)(a) “the relevant commencement date” means the day

on which paragraph 2A of Schedule 7 to the Human Fertilisation and

Embryology Act 2008 comes into force.

(1B)	The Authority shall send each report to the Secretary of State as soon

as practicable after the end of the period for which it is prepared.”’.

Dawn Primarolo

106

Schedule  7,  page  99,  line  27,  at end insert—

‘	In section 14A of the 1990 Act (conditions of licences: human application), in

subsection (1)—

(a)	omit the “and” at the end of paragraph (a), and

(b)	at the end of paragraph (b) insert “, and

(c)	every licence under paragraph 3 of that Schedule, so

far as authorising activities in connection with the

derivation from embryos of stem cells that are

intended for human application.”.’.

Dawn Primarolo

107

Schedule  7,  page  99,  line  27,  at end insert—

‘	In section 15 of the 1990 Act (conditions of research licences) after subsection

(4) insert—

“(5)	If by virtue of paragraph 15F of Schedule 3 (existing cell lines)

qualifying cells, as defined by paragraph 15F(2) of that Schedule, of a

person (“P”) are used to bring about the creation in vitro of an embryo

or human admixed embryo without P’s consent, steps shall be taken to

ensure that the embryo or human admixed embryo cannot

subsequently be attributed to P.”’.

Dawn Primarolo

108

Schedule  7,  page  100,  leave out line 1 and insert—

‘(1)	Section 31A of the 1990 Act (the Authority’s register of licences) is amended

as follows.

(2)	In subsection (1)—

(a)	omit the “and” at the end of paragraph (a), and

(b)	at the end of paragraph (b) insert “, and

(c)	every licence under paragraph 3 of Schedule 2

authorising activities in connection with the

derivation from embryos of stem cells that are

intended for human application.”.

(3)

In’.

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Human Fertilisation and Embryology Bill [Lords] continued

Dawn Primarolo

109

Schedule  7,  page  100,  line  41,  at end insert—

‘(4ZB)

A person under the age of 16 years shall have legal capacity to consent

to the use of the person’s human cells in accordance with Schedule 3

to the Human Fertilisation and Embryology Act 1990 for the purposes

of a project of research where the person is capable of understanding

the nature of the research; and in this subsection “human cells” has the

same meaning as in that Schedule.”’.

Dawn Primarolo

110

Schedule  7,  page  101,  line  28,  at end insert—

‘84B	Application to use of human cells to create an embryo in vitro without

adult’s consent

(1)	The use of an adult’s human cells to bring about the creation in vitro

of an embryo or human admixed embryo for use for the purposes of a

project of research—

(a)	without the adult’s consent, and

(b)	where the adult is incapable,

is to be treated as an intervention in the affairs of an adult under this

Act.

(2)	Sections 2 to 5, 8, 11, 14 and 85 of this Act apply to decisions made

under paragraphs 15B and 15D of Schedule 3 to the Human

Fertilisation and Embryology Act 1990 (when consent to the use of

human cells is not required due to adult being incapable of consenting)

as they apply to decisions taken for the purposes of this Act.

(3)	Section 51 of this Act does not apply to the use of an adult’s human

cells to bring about the creation in vitro of an embryo or human

admixed embryo for use for the purposes of a project of research.

(4)	Section 83 of this Act applies to a decision made under paragraphs

15B and 15D of Schedule 3 to the Human Fertilisation and

Embryology Act 1990 as if the person making the decision were

exercising powers under this Act.

(5)	Expressions used in this section and in Schedule 3 to the Human

Fertilisation and Embryology Act 1990 have the same meaning in this

section as in that Schedule.’.

Dawn Primarolo

111

Schedule  7,  page  102,  line  14,  after ‘embryo)’ insert ‘or would require such

consent but for paragraphs 15B and 15F of that Schedule’.

Dawn Primarolo

112

Schedule  7,  page  102,  line  18,  leave out from beginning to ‘in’ in line 21 and insert

‘requirements imposed by Schedule 3 to the Human Fertilisation and Embryology Act

1990’.

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Human Fertilisation and Embryology Bill [Lords] continued

Dawn Primarolo

113

Schedule  7,  page  102,  line  28,  at end insert ‘or would require such consent but for

paragraphs 15B and 15F of that Schedule’.

Dawn Primarolo

114

Schedule  7,  page  102,  line  34,  at end insert—

‘Mental Capacity Act 2005 (c. 9)

In section 30 of the Mental Capacity Act 2005 (research), after subsection (3)

insert—

“(3A)

Research is not intrusive to the extent that it consists of the use of a

person’s human cells to bring about the creation in vitro of an embryo

or human admixed embryo, or the subsequent storage or use of an

embryo or human admixed embryo so created.

(3B)	Expressions used in subsection (3A) and in Schedule 3 to the Human

Fertilisation and Embryology Act 1990 (consents to use or storage of

gametes, embryos or human admixed embryos etc.) have the same

meaning in that subsection as in that Schedule.”’.

Dawn Primarolo

115

Schedule  8,  page  103,  column 2, leave out lines 15 and 16 and insert—

‘In section 12—

(a)	in subsection (1)(c), the words “or non-

medical fertility services”, and

(b)	in subsection (2), the word “and” at the end

of paragraph (a).’.

Dawn Primarolo

116

Schedule  8,  page  103,  line  21,  column 2, at end insert—

‘In section 14A(1), the word “and” at the end of

paragraph (a).’.

Dawn Primarolo

117

Schedule  8,  page  103,  line  26,  column 2, at end insert—

‘In section 31A(1), the word “and” at the end of

paragraph (a).’.

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Human Fertilisation and Embryology Bill [Lords] continued

Mr David Amess

120

Schedule  8,  page  104,  leave out lines 2 to 3.

Dawn Primarolo

62

Clause  67,  page  52,  line  9,  at end insert—

‘( )	Subsection (2) is subject to paragraph A1(2) of Schedule 6.’.

Dawn Primarolo

63

Clause  69,  page  52,  line  31,  leave out subsection (2).

new clauses not relating to the termination of pregnancy by registered

medical practitioners

Birth certificates in cases involving assisted reproduction

Mark Simmonds

Mr Andrew Lansley

Robert Key

NC1

To move the following Clause:—

‘The Secretary of State shall by regulation make provision for the birth certificate

of a person born as a consequence of—

(a)	treatment services other than basic partner treatment services, or

(b)	the procurement and distribution of any sperm (other than partner-

donated sperm that has not been stored) in the course of providing non-

medical fertility services,

to indicated these facts, either through—

(a)	a symbol to denote the fact of donor conception, or

(b)	the provision of a detailed birth certificate to include the fact of donor

conception and an abridged certificate that does not.’.

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Human Fertilisation and Embryology Bill [Lords] continued

Extension of statutory storage period for treatment of blood relatives

Andrew Stunell

Dr Evan Harris

NC2

To move the following Clause:—

‘(1)	The Human Fertilisation and Embryology (Statutory Storage Period) Regulations

(S.I. 1991/1540) are amended as follows.

(2)	In regulation 2(1) for “paragraph (2)” substitute “paragraphs (2) and (2A)”.

(3)	After regulation 2(2) insert—

“(2A)

The circumstances referred to in paragraph (1) are that the gametes were

provided by a person who has given written consent for them to be used

by another person—

(a)	who is a blood relative of the person providing the gametes,

(b)	whose fertility was, in the written opinion of a registered medical

practitioner, significantly impaired on the date on which the

gametes were provided, and

(c)	who was aged under 45 on the date on which the gametes were

provided.”.’.

Donation of umbilical cord blood

Mr David Burrowes

Mark Durkan

Mr Andrew Dismore

David Taylor

Mr Lee Scott

Robert Key

NC3

To move the following Clause:—

‘(1)	It shall be the duty of the Secretary of State to—

(a)	encourage women to donate their umbilical cord blood after birth;

(b)	increase the awareness of the value of umbilical cord blood for the

treatment of diseases and for further research of new treatment methods;

using cord blood stem cells;

(c)	promote the collection of cord blood from specific shortage groups,

including minority groups including mixed race families where there is a

history of diseases, treatable by cord blood.

(2)	It shall be a requirement for doctors to inform pregnant women of the benefits of

collection and storage of cord blood.’.

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Revised 5 June 2008