Human Fertilisation and Embryology Bill [HL]

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

Human Fertilisation and Embryology Bill [HL]

Human Fertilisation and Embryology Bill [HL]
Schedule 6 — Amendments relating to parenthood in cases involving assisted reproduction
Part 2 — Enactments relating only to Scotland
95

(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.”
44
After section 18A of the Registration of Births, Deaths and Marriages
5
(Scotland) Act 1965 insert—
“18B
Births of children where second female parent by virtue of section 43
of the Human Fertilisation and Embryology Act 2008
(1)
No woman shall as a parent of a child by virtue of section 43 of the
Human Fertilisation and Embryology Act 2008 (“the woman
10
concerned”) be required, as a parent of the child, to give information
concerning the birth of the child and, save as provided in section 20
of this Act, the district registrar for the registration district shall not
enter in the birth registration form concerning the birth the name and
surname of any woman as a parent of the child by virtue of section
15
43 of that Act of 2008 except—
(a)
at the joint request of the mother and the person
acknowledging herself to be the other parent of the child (in
which case that person shall attest, in the prescribed manner,
the birth registration form together with the mother); or
20
(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 is a parent of the child
by virtue of section 43 of the Human Fertilisation and
Embryology Act 2008; and
25
(ii)
a statutory declaration made by the woman
concerned acknowledging herself to be a parent of the
child by virtue of section 43 of that Act; or
(c)
at the request of the mother on production of a decree by a
competent court finding or declaring the woman concerned
30
to be a parent of the child by virtue of section 43 of that Act; or
(d)
at the request of the woman concerned on production of—
(i)
a declaration in the prescribed form made by the
woman concerned acknowledging herself to be a
parent of the child by virtue of section 43 of that Act;
35
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.
(2)
Where a person acknowledging herself to be a parent of the child by
40
virtue of section 43 of the Human Fertilisation and Embryology Act
2008 makes a request to the district registrar for the registration
district in accordance with paragraph (d) of subsection (1) of this
section, she shall be treated as a qualified informant concerning the
birth of the child for the purposes of this Act; and the giving of
45
information concerning the birth of the child by that person and the
attesting of the birth registration form concerning the birth by her in
the presence of the registrar shall act as a discharge of any duty of
any other qualified informant under section 14 of this Act.

Human Fertilisation and Embryology Bill [HL]
Schedule 6 — Amendments relating to parenthood in cases involving assisted reproduction
Part 2 — Enactments relating only to Scotland
96

(3)
In any case where the name and surname of a woman who is a parent
of a child by virtue of section 43 of the Human Fertilisation and
Embryology Act 2008 has not been entered in the birth registration
form concerning the birth, the Registrar General may record that
name and surname by causing an appropriate entry to be made in
5
the Register of Corrections Etc.—
(a)
if there is produced to him a declaration and a statutory
declaration such as are mentioned in paragraph (b) or (d) of
subsection (1) of this section; or
(b)
if, where the mother is dead or cannot be found or is
10
incapable of making a request under subsection (1)(b) or (c)
of this section, or a declaration under subsection (1)(b)(i) or a
statutory declaration under subsection (1)(d)(ii) of this
section, the Registrar General is ordered so to do by the
sheriff upon application made to the sheriff by the person
15
acknowledging herself to be a parent of a child by virtue of
section 43 of the Human Fertilisation and Embryology Act
2008.”
45
In section 20 of the Registration of Births, Deaths and Marriages (Scotland)
Act 1965—
20
(a)
after subsection (1)(c) insert “, or
(d)
the entry relating to the child in the register of births
has been made so as to imply that the person, other
than the mother, recorded as a parent of the child is so
by virtue of section 43 of the Human Fertilisation and
25
Embryology Act 2008 and the mother and that person
have subsequently become parties to a civil
partnership with each other and subject to subsection
(1B) below,”, and
(b)
in subsection (1B)—
30
(i)
after “(c)” insert “or (d)”,
(ii)
after “paternity” insert “or parentage”, and
(iii)
after “18” insert “or 18B”.
Family Law (Scotland) Act 1985 (c. 37)
46
In section 9(1)(c)(ii) of the Family Law (Scotland) Act (court to consider
35
burden of caring for child following dissolution of civil partnership), after
“family” insert “or in respect of whom they are, by virtue of sections 33 and
42 of the Human Fertilisation and Embryology Act 2008, the parents”.
47
In section 27(1) of the Family Law (Scotland) Act (interpretation), in the
definition of “family”, at the end insert “or in respect of whom they are, by
40
virtue of sections 33 and 42 of the Human Fertilisation and Embryology Act
2008, the parents;”.
Children (Scotland) Act 1995 (c. 36)
48
In section 1(1) of the Children (Scotland) Act 1995 (parental responsibilities),
after “3(1)(b)” insert “, and (d)”.
45
49
In section 2(1) of the Children (Scotland) Act 1995 (parental rights), after
“3(1)(b)” insert “, and (d)”.

Human Fertilisation and Embryology Bill [HL]
Schedule 6 — Amendments relating to parenthood in cases involving assisted reproduction
Part 2 — Enactments relating only to Scotland
97

50    (1)
Section 3 of the Children (Scotland) Act 1995 (provisions relating both to
parental responsibilities and parental rights) is amended as follows.
      (2)
After subsection (1)(b), insert—
“(c)
without prejudice to any arrangements which may be made
under subsection (5) below, where a child has a parent by
5
virtue of section 42 of the Human Fertilisation and
Embryology Act 2008, that parent has parental
responsibilities and parental rights in relation to the child;
(d)
without prejudice to any arrangements which may be made
under subsection (5) below and subject to any agreement
10
which may be made under section 4A(1) of this Act, where a
child has a parent by virtue of section 43 of the Human
Fertilisation and Embryology Act 2008, that parent has
parental responsibilities and parental rights in relation to the
child if she is registered as a parent of the child under any of
15
the enactments mentioned in subsection (3A).”
      (3)
After subsection (3), insert—
“(3A)
Those enactments are—
(a)
paragraphs (a), (b) and (d) of section 18B(1) and section
18B(3)(a) of the Registration of Births, Deaths and Marriages
20
(Scotland) Act 1965;
(b)
paragraphs (a), (b) and (c) of section 10(1B) and of section
10A(1B) of the Births and Deaths Registration Act 1953;
(c)
sub-paragraphs (a), (b) and (c) of Article 14ZA(3) of the Births
and Deaths Registration (Northern Ireland) Order 1976.”
25
      (4)
In subsection (5), for “section 4(1)” substitute “sections 4(1) and 4A(1)”.
51
After section 4 of the Children (Scotland) Act 1995 insert—
“4A
Acquisition of parental responsibilities and parental rights by second
female parent by agreement with mother
(1)
Where—
30
(a)
a child’s mother has not been deprived of some or all of the
parental responsibilities and parental rights in relation to the
child; and
(b)
the child has a parent by virtue of section 43 of the Human
Fertilisation and Embryology Act 2008 and that parent is not
35
registered as such under any of the enactments mentioned in
section 3(3A),

the mother and the other parent may by agreement provide that, as
from the appropriate date, the other parent shall have the parental
responsibilities and rights (in the absence of any order under section
40
11 of this Act affecting responsibilities and rights) as if the other
parent were treated as a parent by virtue of section 42 of that Act of
2008.
(2)
Section 4(2), (3) and (4) applies in relation to an agreement under
subsection (1) of this section as it applies in relation to an agreement
45
under subsection (1) of section 4.”
52    (1)
Section 11 of the Children (Scotland) Act 1995 (court orders relating to
parental responsibilities) is amended as follows.

Human Fertilisation and Embryology Bill [HL]
Schedule 6 — Amendments relating to parenthood in cases involving assisted reproduction
Part 2 — Enactments relating only to Scotland
98

      (2)
In subsection (4)(c)—
(a)
for “subsection (9) of section 30 of the Human Fertilisation and
Embryology Act 1990 (provision for enactments about adoption to
have effect with modifications)” substitute “section 55(1) of the
Human Fertilisation and Embryology Act 2008 (parental orders:
5
supplementary provision)”, and
(b)
for “subsection (1) of that section” substitute “section 54 of that Act”.
      (3)
In subsection (11), after “4(2)” insert “or 4A(2)”.
53
In section 12(4)(b) of the Children (Scotland) Act 1995 (meaning of “child of
the family” in civil partnership cases)—
10
(a)
the words from “who” to the end become sub-paragraph (i), and
(b)
after that sub-paragraph insert “; or
(ii)
whose parents are the partners (being parents
by virtue of sections 33 and 42 of the Human
Fertilisation and Embryology Act 2008).”
15
54
In section 15(1) of the Children (Scotland) Act 1995 (interpretation of Part 1),
in the definition of “parent”—
(a)
after “1990” insert “and Part 2 of the Human Fertilisation and
Embryology Act 2008”, and
(b)
for “subsection (9) of the said section 30” substitute “section 55(1) of
20
that Act of 2008”.
Criminal Law (Consolidation) (Scotland) Act 1995 (c. 39)
55
In section 1(1) of the Criminal Law (Consolidation) (Scotland) Act 1995
(offence of incest), at the end of the table set out at the end of that subsection
insert—
25

“3. Relationships by virtue of Part 2 of the

Human Fertilisation and Embryology Act

2008

Mother
Father

Daughter
Son

30

Second female parent by

virtue of section 42 or 43

of that Act”

Adoption and Children (Scotland) Act 2007 (asp 4)
56    (1)
Section 30 of the Adoption and Children (Scotland) Act 2007 (adoption by
35
one person) is amended as follows.
      (2)
In subsection (7), for paragraph (c) substitute—
“(c)
by virtue of the provisions specified in subsection (7A), there
is no other parent, or”.
      (3)
After subsection (7) insert—
40
“(7A)
The provisions referred to in subsection (7)(c) are—

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
99

(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).”
Part 3
5
Enactments relating only to Northern Ireland
Legitimacy Act (Northern Ireland) 1928 (c. 5 (N.I.))
57    (1)
Section 1 of the Legitimacy Act (Northern Ireland) 1928 (legitimation by
subsequent marriage of parents) is amended as follows.
      (2)
In the heading, after “marriage” insert “or civil partnership”.
10
      (3)
After subsection (1) insert—
“(1A)
Subject to subsection (3), 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
15
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
20
(d)
the female parent is at the date of the civil partnership
domiciled in Northern Ireland,

the civil partnership shall render the child, if living, legitimate from
the date of the formation of the civil partnership.”
58    (1)
Section 8 of the Legitimacy Act (Northern Ireland) 1928 (provisions as to
25
persons legitimated by extraneous law) is amended as follows.
      (2)
After subsection (1) insert—
“(1A)
Where—
(a)
a person (“the child”) has a parent (“the female parent”) by
virtue of section 43 of the Human Fertilisation and
30
Embryology Act 2008 (treatment provided to woman who
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
35
into a civil partnership; and
(d)
the female parent is at the time of the civil partnership
domiciled in a country, other than Northern Ireland, by the
law of which the child became legitimated by virtue of the
civil partnership;
40

the child, if living, shall in Northern Ireland be recognised as having
been so legitimated from the date of the formation of the civil
partnership notwithstanding that, at the time of the child’s birth, the
female parent was not domiciled in a country the law of which
permitted legitimation by subsequent civil partnership.”
45

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
100

59
In section 11 of the Legitimacy Act (Northern Ireland) 1928 (interpretation),
in the definition of “date of legitimation”, after “date of the marriage” insert
“or of the formation of the civil partnership”.
Births and Deaths Registration (Northern Ireland) Order 1976 (S.I. 1976/1041 (N.I. 14))
60    (1)
Article 10 of the Births and Deaths Registration (Northern Ireland) Order
5
1976 (registration of births) is amended as follows.
      (2)
In paragraph (4) for “Article 14” substitute “Articles 14 and 14ZA”.
      (3)
After paragraph (4) insert—
“(4A)
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
10
paragraphs (3)(a) and (4) to the father of the child are to be read as
references to the woman who is a parent by virtue of that section.”
61
After Article 14 of the Births and Deaths Registration (Northern Ireland)
Order 1976 insert—
“14ZA
  Registration of second female parent where parents not civil
15
partners
(1)
This Article applies, subject to Article 14A, in the case of a child
who—
(a)
has a parent by virtue of section 43 of the Human Fertilisation
and Embryology Act 2008; but
20
(b)
is a person to whom Article 155(3) of the Children (Northern
Ireland) Order 1995 (persons to be covered by references to a
person whose mother and father were married to each other
at the time of the person’s birth) does not apply.
(2)
The woman who is a parent by virtue of section 43 of the Human
25
Fertilisation and Embryology Act 2008 shall not as such be under any
duty to give any information under this Part concerning the birth of
the child.
(3)
A registrar shall not enter the name of any person as a parent of the
child by virtue of that section unless—
30
(a)
the mother and the person stating herself to be the other
parent of the child jointly request the registrar to do so and in
that event the mother and that person shall sign the register
in the presence of each other; or
(b)
the mother requests the registrar to do so and produces—
35
(i)
a declaration in the prescribed form made by her
stating that the person to be registered (“the woman
concerned”) is a parent of the child by virtue of
section 43 of the Human Fertilisation and
Embryology Act 2008; and
40
(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)
the woman concerned requests the registrar to do so and
produces—
45

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
101

(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
Fertilisation and Embryology Act 2008; and
(ii)
a statutory declaration made by the mother stating
5
that the woman concerned is a parent of the child by
virtue of section 43 of that Act; or
(d)
the mother or the woman concerned requests the registrar to
do so and produces—
(i)
a copy of a parental responsibility agreement made
10
between them in relation 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 Article 7 of the Children
(Northern Ireland) Order 1995 and has not been
15
brought to an end by an order of a court; or
(e)
the mother or the woman concerned requests the registrar to
do so and produces—
(i)
a certified copy of an order under Article 7 of the
Children (Northern Ireland) Order 1995 giving the
20
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
25
(f)
the mother or the woman concerned requests the registrar to
do so and produces—
(i)
a certified copy of an order under paragraph 2 of
Schedule 1 to the Children (Northern Ireland) Order
1995 which requires the woman concerned to make
30
any financial provision for the child and which is not
an order falling within paragraph 5(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
35
discharged by an order of a court.
(4)
Where, in the case of child to whom section 155(3) of the Children
(Northern Ireland) Order 1995 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
40
registrar in accordance with any of sub-paragraphs (c) to (f) of
paragraph (3)—
(a)
she shall be treated as a qualified informant concerning the
birth of the child for the purposes of this Part; and
(b)
on the giving of the required information concerning the
45
birth of the child by that person and the signing of the register
by her in the presence of the registrar every other qualified
informant shall cease to be under the duty imposed by Article
10(4).”
62
For Article 14A of the Births and Deaths Registration (Northern Ireland)
50