|
| |
|
| |
“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 |
| |
| 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 |
| |
| |
(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 |
| |
63 (1) | Article 18 of the Births and Deaths Registration (Northern Ireland) Order |
| |
1976 (re-registration of births) is amended as follows. |
| |
| |
(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 |
| |
(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— |
| |
|
| |
|
| |
|
(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 |
| |
| |
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. |
| |
| |
(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 |
| |
| 25 |
| |
(a) | after “marriage” insert “or civil partnership”, and |
| |
(b) | after “date of the marriage” insert “or the formation of the civil |
| |
| |
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 |
| |
|
| |
|
| |
|
(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 |
| |
| |
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 |
| |
| |
(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— |
| |
| |
| 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). |
| |
| |
| 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)”. |
| |
|
| |
|
| |
|
71 (1) | Article 5 of the Children (Northern Ireland) Order 1995 (parental |
| |
responsibility for children) is amended as follows. |
| |
(2) | After paragraph (1) insert— |
| |
| |
(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 |
| |
| |
(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; |
| |
|
| |
|
| |
|
(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)”. |
| |
| |
(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 |
| |
| 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.” |
| |
| |
(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 |
| |
| |
(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 |
| |
| 35 |
(bb) | has a parent by virtue of section 43 of that Act (which relates |
| |
to treatment provided to woman who agrees that second |
| |
| |
(i) | is the civil partner of the child’s mother at the time of |
| |
| 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 |
| |
| |
|
| |
|
| |
|
(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 |
| |
| 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 |
| |
(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 |
| |
| |
(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”. |
| |
|
| |
|
| |
|
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) |
| |
| |
“(f) | section 54 of the Human Fertilisation and Embryology Act |
| 5 |
| |
| |
| |
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 |
| |
| |
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 |
| |
| 20 |
3 | In section 7 of the 1990 Act (reports to Secretary of State) for subsection (1) |
| |
| |
“(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 |
| |
| |
(b) | a report for each succeeding period of 12 months ending with |
| |
| |
(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 |
| |
| |
(a) | omit the “and” at the end of paragraph (a), and |
| 40 |
|
| |
|