Human Fertilisation and Embryology Bill [HL]

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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 1 — General
81

Schedule 6
Section 56

Amendments relating to parenthood in cases involving assisted reproduction
Part 1
General
Population (Statistics) Act 1938 (c. 12)
5
1     (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
10
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
15
“where the parents are married,”.
      (2)
Sub-paragraph (1)(b)(ii) does not extend to Scotland.
Births and Deaths Registration Act 1953 (c. 20)
2
In section 1 of the Births and Deaths Registration Act 1953 (particulars of
births to be registered) after subsection (2) insert—
20
“(3)
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
subsection (2)(a) to the father of the child is to be read as a reference
to the woman who is a parent by virtue of that section.”
3
In section 2 of the Births and Deaths Registration Act 1953 (information
25
concerning birth to be given to registrar within 42 days), renumber the
existing provision as subsection (1) of the section and at the end insert—
“(2)
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 references in
subsection (1) to the father of the child are to be read as references to
30
the woman who is a parent by virtue of that section.”
4
In section 9(4) of the Births and Deaths Registration Act 1953 (giving of
information to a person other than the registrar), after “that section,” insert
“or under paragraph (b), (c) or (d) of subsection (1B) of that section,”.
5     (1)
Section 10 of the Births and Deaths Registration Act 1953 (registration of
35
father where parents not married) is amended as follows.
      (2)
For the heading to the section substitute “Registration of father where
parents not married or of second female parent where parents not civil
partners”.

Human Fertilisation and Embryology Bill [HL]
Schedule 6 — Amendments relating to parenthood in cases involving assisted reproduction
Part 1 — General
82

      (3)
After subsection (1A) insert—
“(1B)
Notwithstanding anything in the foregoing provisions of this Act
and subject to section 10ZA of this Act, in the case of a child to whom
section 1(3) of the Family Law Reform Act 1987 does not apply no
woman shall as a parent of the child by virtue of section 43 of the
5
Human Fertilisation and Embryology Act 2008 be required to give
information concerning the birth of the child, and the registrar shall
not enter in the register the name of any woman as a parent of the
child by virtue of that section except—
(a)
at the joint request of the mother and the person stating
10
herself to be the other parent of the child (in which case that
person shall sign the register together with the mother); or
(b)
at the request of the mother on production of—
(i)
a declaration in the prescribed form made by the
mother stating that the person to be registered (“the
15
woman concerned”) is a parent of the child by virtue
of section 43 of the Human Fertilisation and
Embryology Act 2008; and
(ii)
a statutory declaration made by the woman
concerned stating herself to be a parent of the child by
20
virtue of section 43 of that Act; or
(c)
at the request of the woman concerned on production of—
(i)
a declaration in the prescribed form made by the
woman concerned stating herself to be a parent of the
child by virtue of section 43 of the Human
25
Fertilisation and Embryology Act 2008; and
(ii)
a statutory declaration made by the mother stating
that the woman concerned is a parent of the child by
virtue of section 43 of that Act; or
(d)
at the request of the mother or the woman concerned on
30
production of—
(i)
a copy of any agreement made between them under
section 4ZA(1)(b) of the Children Act 1989 in relation
to the child; and
(ii)
a declaration in the prescribed form by the person
35
making the request stating that the agreement was
made in compliance with section 4ZA of that Act and
has not been brought to an end by an order of a court;
or
(e)
at the request of the mother or the woman concerned on
40
production of—
(i)
a certified copy of an order under section 4ZA of the
Children Act 1989 giving the woman concerned
parental responsibility for the child; and
(ii)
a declaration in the prescribed form by the person
45
making the request stating that the order has not been
brought to an end by an order of a court; or
(f)
at the request of the mother or the woman concerned on
production of—
(i)
a certified copy of an order under paragraph 1 of
50
Schedule 1 to the Children Act 1989 which requires
the woman concerned to make any financial

Human Fertilisation and Embryology Bill [HL]
Schedule 6 — Amendments relating to parenthood in cases involving assisted reproduction
Part 1 — General
83

provision for the child and which is not an order
falling within paragraph 4(3) of that Schedule; and
(ii)
a declaration in the prescribed form by the person
making the request stating that the order has not been
discharged by an order of a court.”
5
      (4)
After subsection (2) insert—
“(2A)
Where, in the case of a child to whom section 1(3) of the Family Law
Reform Act 1987 does not apply, a person stating herself to be a
parent of the child by virtue of section 43 of the Human Fertilisation
and Embryology Act 2008 makes a request to the registrar in
10
accordance with any of paragraphs (c) to (f) of subsection (1B)—
(a)
she shall be treated as a qualified informant concerning the
birth of the child for the purposes of this Act; and
(b)
the giving of information concerning the birth of the child by
that person and the signing of the register by her in the
15
presence of the registrar shall act as a discharge of any duty
of any other qualified informant under section 2 of this Act.”
6
For section 10ZA of the Births and Deaths Registration Act 1953 substitute—
“10ZA
Registration of father or second female parent by virtue of certain
provisions of Human Fertilisation and Embryology Act 2008
20
(1)
Notwithstanding anything in the foregoing provisions of this Act,
the registrar shall not enter in the register—
(a)
as the father of a child, the name of a man who is to be treated
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
25
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
(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
30
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
after her death),

unless the condition in subsection (2) below is satisfied.
35
(2)
The condition in this subsection is satisfied if—
(a)
the mother requests the registrar to make such an entry in the
register and produces the relevant documents; or
(b)
in the case of the death or inability of the mother, the relevant
documents are produced by some other person who is a
40
qualified informant.
(3)
In this section “the relevant documents” means—
(a)
the consent in writing and election mentioned in section
39(1), 40(1) or (2) or 46(1) or (2) (as the case requires) of the
Human Fertilisation and Embryology Act 2008;
45
(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
considers appropriate.”

Human Fertilisation and Embryology Bill [HL]
Schedule 6 — Amendments relating to parenthood in cases involving assisted reproduction
Part 1 — General
84

7     (1)
Section 10A of the Births and Deaths Registration Act 1953 (re-registration
where parents not married) is amended as follows.
      (2)
For the heading to the section substitute “Re-registration where parents
neither married nor civil partners”.
      (3)
In subsection (1)—
5
(a)
after “as the father of the child” insert “(or as a parent of the child by
virtue of section 42, 43 or 46(1) or (2) of the Human Fertilisation and
Embryology Act 2008)”, and
(b)
for paragraph (ff) substitute—
“(ff)
in the case of a man who is to be treated as the father
10
of the child by virtue of section 39(1) or 40(1) or (2) of
the Human Fertilisation and Embryology Act 2008, if
the condition in section 10ZA(2) of this Act is
satisfied; or”.
      (4)
After subsection (1A) insert—
15
“(1B)
Where there has been registered under this Act the birth of a child to
whom section 1(3) of the Family Law Reform Act 1987 does not
apply, but no person has been registered as a parent of the child by
virtue of section 42, 43 or 46(1) or (2) of the Human Fertilisation and
Embryology Act 2008 (or as the father of the child), the registrar shall
20
re-register the birth so as to show a woman (“the woman concerned”)
as a parent of the child by virtue of section 43 or 46(1) or (2) of that
Act—
(a)
at the joint request of the mother and the woman concerned;
or
25
(b)
at the request of the mother on production of—
(i)
a declaration in the prescribed form made by the
mother stating that the woman concerned is a parent
of the child by virtue of section 43 of the Human
Fertilisation and Embryology Act 2008; and
30
(ii)
a statutory declaration made by the woman
concerned stating herself to be a parent of the child by
virtue of section 43 of that Act; or
(c)
at the request of the woman concerned on production of—
(i)
a declaration in the prescribed form made by the
35
woman concerned stating herself to be a parent of the
child by virtue of section 43 of the Human
Fertilisation and Embryology Act 2008; and
(ii)
a statutory declaration made by the mother stating
that the woman concerned is a parent of the child by
40
virtue of section 43 of that Act; or
(d)
at the request of the mother or the woman concerned on
production of—
(i)
a copy of an agreement made between them under
section 4ZA(1)(b) of the Children Act 1989 in relation
45
to the child; and
(ii)
a declaration in the prescribed form by the person
making the request stating that the agreement was
made in compliance with section 4ZA of that Act and

Human Fertilisation and Embryology Bill [HL]
Schedule 6 — Amendments relating to parenthood in cases involving assisted reproduction
Part 1 — General
85

has not been brought to an end by an order of a court;
or
(e)
at the request of the mother or the woman concerned on
production of—
(i)
a certified copy of an order under section 4ZA of the
5
Children Act 1989 giving the woman concerned
parental responsibility for the child; and
(ii)
a declaration in the prescribed form by the person
making the request stating that the order has not been
brought to an end by an order of a court; or
10
(f)
at the request of the mother or the woman concerned on
production of—
(i)
a certified copy of an order under paragraph 1 of
Schedule 1 to the Children Act 1989 which requires
that person to make any financial provision for the
15
child and which is not an order falling within
paragraph 4(3) of that Schedule; and
(ii)
a declaration in the prescribed form by the person
making the request stating that the order has not been
discharged by an order of a court; or
20
(g)
in the case of a woman who is to be treated as a parent of the
child by virtue of section 46(1) or (2) of the Human
Fertilisation and Embryology Act 2008, if the condition in
section 10ZA(2) of this Act is satisfied.”
      (5)
In subsection (2), for paragraphs (b) to (c) substitute—
25
“(b)
in the case of any of the following requests—
(i)
a request under subsection (1)(a) or (b) or subsection
(1B)(a) or (b);
(ii)
a request under subsection (1)(d), (e), (f) or (g) or
subsection (1B)(d), (e) or (f) made by the mother of the
30
child,

the mother shall also sign the register;
(bb)
in a case within subsection (1)(ff) or (1B)(g), the mother or (as
the case may be) the qualified informant shall also sign the
register;
35
(c)
in the case of a request made under subsection (1)(a) or (c) or
a request made under subsection (1)(d), (e), (f) or (g) by the
person requesting to be registered as the father of the child,
that person shall also sign the register;
(cc)
in the case of a request made under subsection (1B)(a) or (c)
40
or a request made under subsection (1B)(d), (e) or (f) by a
woman requesting to be registered as a parent of the child by
virtue of section 43 of the Human Fertilisation and
Embryology Act 2008, that woman shall also sign the register;
and”.
45
8
In section 13 of the Births and Deaths Registration Act 1953 (registration of
name of child or alteration of name) after subsection (1) insert—
“(1ZA)
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
subsection (1)(b) to the father of the child is to be read as a reference
50
to the woman who is a parent of the child by virtue of that section.”

Human Fertilisation and Embryology Bill [HL]
Schedule 6 — Amendments relating to parenthood in cases involving assisted reproduction
Part 1 — General
86

9     (1)
Section 14 of the Births and Deaths Registration Act 1953 (re-registration of
births of legitimated persons) is amended as follows.
      (2)
In subsection (1), in the proviso—
(a)
in paragraph (a), after “legitimated person” insert “, or herself to be
a parent of the legitimated person by virtue of section 43 of the
5
Human Fertilisation and Embryology Act 2008,”, and
(b)
in paragraph (b), after “the paternity of the legitimated person” insert
“(or, as the case may be, the parentage of the legitimated person by
virtue of section 43 of that Act),”.
      (3)
In subsection (2)—
10
(a)
after “the marriage of his parents” insert “or on their becoming civil
partners of each other”, and
(b)
after “the date of the marriage” insert “or of the formation of the civil
partnership”.
10    (1)
Section 29A of the Births and Deaths Registration Act 1953 (alternative
15
procedure for certain corrections) is amended as follows.
      (2)
In subsection (1) for the words from “the father” to the end substitute “—
(a)
the father of the person to whose birth or death the entry
relates; or
(b)
a parent of that person (having been so registered on the basis
20
of being such a parent by virtue of 42, 43 or 46(1) or (2) of the
Human Fertilisation and Embryology Act 2008).”
      (3)
In subsection (3), after “not the father” insert “or, as the case may be, that the
person shown as a parent was not such a parent by virtue of 42, 43 or 46(1)
or (2) of the Human Fertilisation and Embryology Act 2008”.
25
Registration of Births, Deaths and Marriages (Special Provisions) Act 1957 (c. 58)
11    (1)
Section 3A of the Births, Deaths and Marriages (Special Provisions) Act 1957
(alternative procedure for certain corrections) is amended as follows.
      (2)
In subsection (1) for the words from “the father” to the end substitute “—
(a)
the father of the person to whose birth or death the entry
30
relates, or
(b)
a parent of that person (having been so registered on the basis
of being such a parent by virtue of 42, 43 or 46(1) or (2) of the
Human Fertilisation and Embryology Act 2008).”
      (3)
In subsection (3), after “not the father” insert “or, as the case may be, that the
35
person shown as a parent was not such a parent by virtue of 42, 43 or 46(1)
or (2) of the Human Fertilisation and Embryology Act 2008”.
12
At the end of section 5 of the Registration of Births, Deaths and Marriages
(Special Provisions) Act 1957 (registration of births of legitimated persons in
the service departments registers) insert—
40
“(3)
In relation to a person who has a parent by virtue of section 43 of the
Human Fertilisation and Embryology Act 2008—
(a)
any reference to the person’s father is a reference to the
woman who is a parent by virtue of that section,

Human Fertilisation and Embryology Bill [HL]
Schedule 6 — Amendments relating to parenthood in cases involving assisted reproduction
Part 1 — General
87

(b)
the reference in subsection (1) to the subsequent marriage of
the person’s parents is a reference to their subsequent
formation of a civil partnership, and
(c)
the reference in that subsection to paternity is a reference to
parentage by virtue of section 43 of that Act.”
5
Family Law Reform Act 1969 (c. 46)
13
In section 25 of the Family Law Reform Act 1969 (interpretation of Part 3), in
the definition of “excluded”—
(a)
for “and to” substitute “, to”, and
(b)
after “1990” insert “and to sections 33 to 47 of the Human Fertilisation
10
and Embryology Act 2008”.
Congenital Disabilities (Civil Liability) Act 1976 (c. 28)
14
In section 1 of the Congenital Disabilities (Civil Liability) Act 1976 (civil
liability to child born disabled), after subsection (4) insert—
“(4A)
In the case of a child who has a parent by virtue of section 42 or 43 of
15
the Human Fertilisation and Embryology Act 2008, the reference in
subsection (4) to the child’s father includes a reference to the woman
who is a parent by virtue of that section.”
15
In section 4 of the Congenital Disabilities (Civil Liability) Act 1976
(interpretation and other supplementary provisions), at the end of
20
subsection (4A) insert “or sections 33 to 47 of the Human Fertilisation and
Embryology Act 2008.”
Legitimacy Act 1976 (c. 31)
16
After section 2 of the Legitimacy Act 1976 (legitimation by subsequent
marriage of parents) insert—
25
“2A
Legitimation by subsequent civil partnership of parents
Subject to the following provisions of this Act, where—
(a)
a person (“the child”) has a parent (“the female parent”) by
virtue of section 43 of the Human Fertilisation and
Embryology Act 2008 (treatment provided to woman who
30
agrees that second woman to be parent),
(b)
at the time of the child’s birth, the female parent and the
child’s mother are not civil partners of each other,
(c)
the female parent and the child’s mother subsequently enter
into a civil partnership, and
35
(d)
the female parent is at the date of the civil partnership
domiciled in England and Wales,
the civil partnership shall render the child, if living, legitimate from
the date of the formation of the civil partnership.”
17
In section 3 of the Legitimacy Act 1976 (legitimation by extraneous law),
40
renumber the existing provision as subsection (1) of the section and at the
end insert—
“(2)
Subject to the following provisions of this Act, where—