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| Human Fertilisation and Embryology Bill [Lords]
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| (Except Clauses 4, 11, 14 and 23, Schedule 2, and any new Clauses or new Schedules relating
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| to the termination of pregnancy by registered medical practitioners)
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| [seventh and eighth Sittings]
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| | Clauses 46 and 47 Agreed to. |
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| Clause 48, page 43, line 4, leave out paragraph (b). |
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| Clause 48, page 43, line 9, leave out paragraph (b). |
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| Clause 48, page 43, line 13, at end insert— |
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| | ‘(5A) | In relation to England and Wales and Northern Ireland, a child who— |
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| | (a) | has a parent by virtue of section 42, or |
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| | (b) | has a parent by virtue of section 43 who is at any time during the period |
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| | beginning with the time mentioned in section 43(b) and ending with the |
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| | time of the child’s birth a party to a civil partnership with the child’s |
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| | | is the legitimate child of the child’s parents.’. |
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| | Clause, as amended, Agreed to. |
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| Clause 50, page 44, line 10, at end insert— |
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| | ‘( ) | The reference in section 48(5A)(b) to a civil partnership includes a reference to a |
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| | void civil partnership if either or both of the parties reasonably believed at the |
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| | time when they registered as civil partners of each other that the civil partnership |
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| | was valid; and for this purpose it is to be presumed, unless the contrary is shown, |
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| | that one of them reasonably believed at that time that the civil partnership was |
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| | Clause, as amended, Agreed to. |
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| Clause 52, page 44, line 34, leave out subsection (2). |
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| Clause 53, page 45, line 16, at end insert— |
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| | ‘( ) | the Schedule to the Population (Statistics) Act 1938 (c. 12),’. |
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| | Clause, as amended, Agreed to. |
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| Clause 54, page 45, line 41, leave out ‘made by two people (“the applicants”)’. |
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| Clause 54, page 45, line 42, after second ‘the’, insert ‘applicant or’. |
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| Clause 54, page 46, line 1, after ‘not’, insert ‘the applicant or’. |
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| Clause 54, page 46, line 4, after first ‘of’, insert ‘the applicant or’. |
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| Clause 54, page 46, line 7, leave out subsection (2) and insert— |
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| | ‘(2A) | An application for a parental order may by made by— |
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| | (b) | one person who is not married or a civil partner. |
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| | (2B) | In this section, a couple means— |
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| | (c) | two people (whether of different sexes or the same sex) who are living |
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| | together in an enduring family relationship and who are not within the |
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| | prohibited degrees of relationship to each other. |
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| | (2C) | A parental order may be made on the application of one person who is married or |
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| | is a civil partner if the court is satisfied— |
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| | (a) | that the person’s spouse or civil partner cannot be found, |
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| | (b) | the spouses or civil partners have separated and are living apart and the |
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| | separation is likely to be permanent, or |
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| | (c) | the person’s spouse or partner is by reason of ill health, whether physical |
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| | or mental, incapable of making an application for a parental order.’. |
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| Clause 54, page 46, line 13, after first ‘the’, insert ‘applicant or’. |
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| Clause 54, page 46, line 16, leave out subsection (4). |
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| Clause 54, page 46, line 17, after second ‘the’, insert ‘applicant or’. |
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| Clause 54, page 46, line 18, after ‘applicants’, insert ‘(or in the case of a single |
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| Clause 54, page 46, line 20, after ‘applicants’, insert ‘(or in the case of a single |
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| Clause 54, page 47, line 10, after ‘by’, insert ‘a single person or by’. |
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| Clause 54, page 47, line 13, after ‘wife’, insert ‘who, in the case of couples who are |
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| neither married nor in a civil partnership, must have been in a relationship for a minimum |
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| period of twelve months.’. |
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| | Clauses 55 and 56 Agreed to. |
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| Schedule 6, page 72, line 25, at end insert— |
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| | ‘Population (Statistics) Act 1938 (c. 12) |
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| | A1 (1) | In the Schedule to the Population (Statistics) Act 1938 (particulars which may |
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| | be required), in paragraph 1 (which relates to the registration of a birth)— |
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| | (a) | in paragraph (b), after “child,” insert “or as a parent of the child by |
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| | virtue of section 42 or 43 of the Human Fertilisation and Embryology |
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| | (i) | in sub-paragraph (i), after “marriage” insert “or of their |
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| | formation of a civil partnership”, and |
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| | (ii) | at the beginning of each of sub-paragraphs (ii) and (iii) insert |
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| | “where the parents are married,”. |
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| | (2) | Sub-paragraph (1)(b)(ii) does not extend to Scotland.’. |
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| | Schedule, as amended, Agreed to. |
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| | Clauses 57 and 58 Agreed to. |
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| Clause 59, page 49, line 23, at end insert— |
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| | ‘(2C) | Not for profit bodies can only recoup the costs incurred— |
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| | (a) | initiating or taking part in negotiations with a view to the making of a |
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| | surrogacy arrangement, or |
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| | (b) | compiling any information with a view to its use in making, or |
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| | negotiating the making of, a surrogacy arrangement.’. |
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| Clause 59, page 49, line 38, leave out subsection (7). |
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| Clause 60, page 50, line 1, leave out from ‘(2)’ to end of line 2 and insert ‘after “or |
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| human embryos”, insert “but includes human admixed embryos”.’. |
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| | Clauses 61 to 65 Agreed to. |
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| Schedule 7, page 99, line 24, at end insert— |
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| | ‘2A | In section 7 of the 1990 Act (reports to Secretary of State) for subsection (1) |
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| | “(1) | The Authority shall prepare— |
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| | (a) | a report for the period beginning with the 1 August preceding |
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| | the relevant commencement date (or if that date is a 1 August, |
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| | beginning with that date) and ending with the next 31 March, |
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| | (b) | a report for each succeeding period of 12 months ending with |
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| | (1A) | In subsection (1)(a) “the relevant commencement date” means the day |
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| | on which paragraph 2A of Schedule 7 to the Human Fertilisation and |
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| | Embryology Act 2008 comes into force. |
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| | (1B) | The Authority shall send each report to the Secretary of State as soon |
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| | as practicable after the end of the period for which it is prepared.”’. |
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| Schedule 7, page 99, line 27, at end insert— |
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| | ‘ | In section 14A of the 1990 Act (conditions of licences: human application), in |
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| | (a) | omit the “and” at the end of paragraph (a), and |
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| | (b) | at the end of paragraph (b) insert “, and |
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| | (c) | every licence under paragraph 3 of that Schedule, so |
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| | far as authorising activities in connection with the |
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| | derivation from embryos of stem cells that are |
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| | intended for human application.”.’. |
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| Schedule 7, page 99, line 27, at end insert— |
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| | ‘ | In section 15 of the 1990 Act (conditions of research licences) after subsection |
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| | “(5) | If by virtue of paragraph 15F of Schedule 3 (existing cell lines) |
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| | qualifying cells, as defined by paragraph 15F(2) of that Schedule, of a |
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| | person (“P”) are used to bring about the creation in vitro of an embryo |
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| | or human admixed embryo without P’s consent, steps shall be taken to |
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| | ensure that the embryo or human admixed embryo cannot |
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| | subsequently be attributed to P.”’. |
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| Schedule 7, page 100, leave out line 1 and insert— |
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| | ‘(1) | Section 31A of the 1990 Act (the Authority’s register of licences) is amended |
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| | (a) | omit the “and” at the end of paragraph (a), and |
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| | (b) | at the end of paragraph (b) insert “, and |
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| | (c) | every licence under paragraph 3 of Schedule 2 |
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| | authorising activities in connection with the |
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| | derivation from embryos of stem cells that are |
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| | intended for human application.”. |
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| Schedule 7, page 100, line 41, at end insert— |
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| | ‘(4ZB) | A person under the age of 16 years shall have legal capacity to consent |
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| | to the use of the person’s human cells in accordance with Schedule 3 |
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| | to the Human Fertilisation and Embryology Act 1990 for the purposes |
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| | of a project of research where the person is capable of understanding |
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| | the nature of the research; and in this subsection “human cells” has the |
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| | same meaning as in that Schedule.”’. |
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| Schedule 7, page 101, line 28, at end insert— |
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| | ‘84B | Application to use of human cells to create an embryo in vitro without |
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| | (1) | The use of an adult’s human cells to bring about the creation in vitro |
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| | of an embryo or human admixed embryo for use for the purposes of a |
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| | (a) | without the adult’s consent, and |
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| | (b) | where the adult is incapable, |
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| | | is to be treated as an intervention in the affairs of an adult under this |
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| | (2) | Sections 2 to 5, 8, 11, 14 and 85 of this Act apply to decisions made |
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| | under paragraphs 15B and 15D of Schedule 3 to the Human |
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| | Fertilisation and Embryology Act 1990 (when consent to the use of |
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| | human cells is not required due to adult being incapable of consenting) |
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| | as they apply to decisions taken for the purposes of this Act. |
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| | (3) | Section 51 of this Act does not apply to the use of an adult’s human |
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| | cells to bring about the creation in vitro of an embryo or human |
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| | admixed embryo for use for the purposes of a project of research. |
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| | (4) | Section 83 of this Act applies to a decision made under paragraphs |
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| | 15B and 15D of Schedule 3 to the Human Fertilisation and |
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| | Embryology Act 1990 as if the person making the decision were |
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| | exercising powers under this Act. |
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| | (5) | Expressions used in this section and in Schedule 3 to the Human |
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| | Fertilisation and Embryology Act 1990 have the same meaning in this |
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| | section as in that Schedule.’. |
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| Schedule 7, page 102, line 14, after ‘embryo)’ insert ‘or would require such |
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| consent but for paragraphs 15B and 15F of that Schedule’. |
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| Schedule 7, page 102, line 18, leave out from beginning to ‘in’ in line 21 and insert |
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| ‘requirements imposed by Schedule 3 to the Human Fertilisation and Embryology Act |
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| Schedule 7, page 102, line 28, at end insert ‘or would require such consent but for |
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| paragraphs 15B and 15F of that Schedule’. |
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| Schedule 7, page 102, line 34, at end insert— |
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| | ‘Mental Capacity Act 2005 (c. 9) |
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| | | In section 30 of the Mental Capacity Act 2005 (research), after subsection (3) |
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| | “(3A) | Research is not intrusive to the extent that it consists of the use of a |
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| | person’s human cells to bring about the creation in vitro of an embryo |
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| | or human admixed embryo, or the subsequent storage or use of an |
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| | embryo or human admixed embryo so created. |
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| | (3B) | Expressions used in subsection (3A) and in Schedule 3 to the Human |
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| | Fertilisation and Embryology Act 1990 (consents to use or storage of |
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| | gametes, embryos or human admixed embryos etc.) have the same |
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| | meaning in that subsection as in that Schedule.”’. |
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| | Schedule, as amended, Agreed to. |
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