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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

102

 

Order 1976 substitute—

“14A    

Registration of father or second female parent by virtue of certain

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

5

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 purposes of registration of birth

where fertility treatment undertaken after his death); or

10

(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

15

after her death);

   

unless the condition in paragraph (2) below is satisfied.

(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

20

(b)   

in the case of the death or inability of the mother, the relevant

documents are produced by some other person who is a

qualified informant.

(3)   

In this Article “the relevant documents” means—

(a)   

the consent in writing and election mentioned in section

25

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

medical facts concerned; and

(c)   

such other documentary evidence (if any) as the registrar

30

considers appropriate.”

63    (1)  

Article 18 of the Births and Deaths Registration (Northern Ireland) Order

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”,

35

(b)   

after sub-paragraph (b) insert—

“(ba)   

in the case of a child who has a parent by virtue of

section 43 of the Human Fertilisation and

Embryology Act 2008 and to whom Article 155(3) of

the Children (Northern Ireland) Order 1995 does not

40

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

by virtue of section 42, 43 or 46(1) or (2) of that

45

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—

 

 

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

103

 

(i)   

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; or

(ii)   

as a parent of the child by virtue of section

46(1) or (2) of that Act;

5

   

the condition in Article 14A(2) is satisfied.”

      (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)”.

64    (1)  

Article 19 of the Births and Deaths Registration (Northern Ireland) Order

10

1976 (re-registration of births of legitimated persons) is amended as follows.

      (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

15

43 of the Human Fertilisation and Embryology Act

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

20

Fertilisation and Embryology Act 2008 of the

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”.

25

      (4)  

In paragraph (5)—

(a)   

after “marriage” insert “or civil partnership”, and

(b)   

after “date of the marriage” insert “or the formation of the civil

partnership”.

65         

In Article 20 of the Births and Deaths Registration (Northern Ireland) Order

30

1976 (registration of births of legitimated person), in paragraph (2), for “sub-

paragraph (a)” substitute “sub-paragraphs (a) and (aa)”.

66         

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—

35

“(aa)   

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 mother and other parent of

the child if Article 155(3) of the Children (Northern

Ireland) Order 1995 applies to the child or if it does

40

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—

(i)   

in the case of a child who has a father, the

45

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

 

 

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

104

 

(ii)   

in the case of a child who has a parent by

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

5

virtue of that section of that Act does not have

parental responsibility for the child;”.

Family Law Reform (Northern Ireland) Order 1977 (S.I. 1977/1250 (N.I. 17))

67         

In Article 13 of the Family Law Reform (Northern Ireland) Order 1977

(interpretation of Part 3), in the definition of “excluded”, after “1990” insert

10

“and to sections 33 to 47 of the Human Fertilisation and Embryology Act

2008”.

Adoption (Northern Ireland) Order 1987 (S.I. 1987/2203 (N.I. 22))

68    (1)  

Article 15 of the Adoption (Northern Ireland) Order 1987 (adoption by one

person) is amended as follows.

15

      (2)  

In paragraph (3)(a), for the words from “or, by virtue of” to “other parent”

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—

20

(a)   

section 28 of the Human Fertilisation and Embryology Act

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))

25

69         

In Article 27 of the Child Support (Northern Ireland) Order 1991 (disputes

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

30

Embryology Act 1990 or section 54 of the Human Fertilisation and

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

35

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))

70         

In Article 2 of the Children (Northern Ireland) Order 1995, in paragraph (2),

40

in the definition of “parental responsibility agreement”, for “Article 7(1)(b)”

substitute “Article 7(1ZB)”.

 

 

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

105

 

71    (1)  

Article 5 of the Children (Northern Ireland) Order 1995 (parental

responsibility for children) is amended as follows.

      (2)  

After paragraph (1) insert—

“(1A)   

Where a child—

(a)   

has a parent by virtue of section 42 of the Human Fertilisation

5

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,

   

the child’s mother and the other parent shall each have parental

responsibility for the child.”

10

      (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

Article 155(3) applies—

(a)   

the mother shall have parental responsibility for the child;

15

(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.”

72    (1)  

Article 7 of the Children (Northern Ireland) Order 1995 (acquisition of

parental responsibility) is amended as follows.

20

      (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

Fertilisation and Embryology Act 2008 and is not a person to whom

Article 155(3) applies, that parent shall acquire parental

25

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

her to have parental responsibility for the child; or

(c)   

the court, on her application, orders that she shall have

30

parental responsibility for the child.

(1ZB)   

An agreement under paragraph (1)(b) or (1ZA)(b) is known as a

“parental responsibility agreement”.”

      (4)  

After paragraph (2) insert—

“(2A)   

In paragraph (1)(a) “registered” means registered under—

35

(a)   

Article 14(3)(a), (b) or (c) of the Births and Deaths

Registration (Northern Ireland) Order 1976;

(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

40

of Births, Deaths and Marriages (Scotland) Act 1965.

(2B)   

In paragraph (1ZA)(a) “registered” means registered under—

(a)   

Article 14ZA(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

106

 

(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

18B(3)(a) and 20(1)(a) of, the Registration of Births, Deaths

and Marriages (Scotland) Act 1965.”

5

      (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)—

(a)   

for “the father” substitute “a parent”, and

(b)   

after “paragraph (1)(c)” insert “or (1ZA)(c)”.

10

73         

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—

“(g)   

section 54 of the Human Fertilisation and Embryology Act

2008;”.

15

74    (1)  

Article 12 of the Children (Northern Ireland) Order 1995 (residence orders

and parental responsibility) is amended as follows.

      (2)  

After paragraph (1) insert—

“(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

20

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.”

      (3)  

In paragraph (4)—

(a)   

after “(1)” insert “or (1A)”, and

25

(b)   

for “father” substitute “parent”.

75    (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

as follows.

      (2)  

In paragraph (3), after sub-paragraph (b) insert—

30

“(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

to a civil partnership or, in certain circumstances, a void civil

partnership);

35

(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—

(i)   

is the civil partner of the child’s mother at the time of

the child’s birth, or

40

(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

birth;”.

 

 

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

107

 

      (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

each other both or either of the parties reasonably believed that the

5

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

death.

10

(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

reasonably believed at the time of the formation of the civil

15

partnership that the civil partnership was valid.”

76         

In Article 179 of the Children (Northern Ireland) Order 1995 (effect and

duration of orders etc), in paragraph (7), after “7(1)” insert “, (1ZA)”.

77    (1)  

Schedule 1 to the Children (Northern Ireland) Order 1995 (financial

provision for children) is amended as follows.

20

      (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

reference to the woman who is a parent of the child by virtue of

25

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

reference in sub-paragraph (1)(a) to the child’s father is a reference

30

to the woman who is a parent of the child by virtue of that section.”

78    (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.

      (2)  

At the end of sub-paragraph (2) insert—

35

   “(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

references in paragraph (2) to the person’s father are to

40

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”.

 

 

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

108

 

Family Homes and Domestic Violence (Northern Ireland) Order 1998 (S.I. 1998/1071 (N.I. 6))

79         

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

5

2008;”.

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

10

(interpretation), in subsection (2), for “section 1 of the Human Fertilisation

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)

15

2          

In section 2 of the 1990 Act (other terms)—

(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”.

20

3          

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

substitute—

“(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

25

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

30

day on which paragraph 3 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.”

4          

Omit section 10 of the 1990 Act (licensing procedure).

35

5          

In section 13A of the 1990 Act (conditions of licences for non-medical fertility

services), omit subsection (4).

6          

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

40

 

 

 
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