|
| |
|
(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 |
| |
| |
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 |
| |
| 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 |
| |
(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. |
| |
|
| |
|
| |
|
(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 |
| |
| |
45 | In section 20 of the Registration of Births, Deaths and Marriages (Scotland) |
| |
| 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 |
| |
| |
| 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 |
| |
| |
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)”. |
| |
|
| |
|
| |
|
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 |
| |
(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 |
| |
| 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 |
| |
| |
(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 |
| |
| |
| 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 |
| |
| |
(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. |
| |
|
| |
|
| |
|
(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 |
| |
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 |
| |
| 25 |
| “3. Relationships by virtue of Part 2 of the |
| | | | Human Fertilisation and Embryology Act |
| | | | | | | | | | | | | | | | 30 | | | | | | | virtue of section 42 or 43 |
| | | | | | | | |
|
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 |
| |
| |
(3) | After subsection (7) insert— |
| 40 |
“(7A) | The provisions referred to in subsection (7)(c) are— |
| |
|
| |
|
| |
|
(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).” |
| |
| 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— |
| |
| |
(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 |
| |
| 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 |
|
| |
|
| |
|
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) |
| |
| |
“14ZA | Registration of second female parent where parents not civil |
| 15 |
| |
(1) | This Article applies, subject to Article 14A, in the case of a child |
| |
| |
(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 |
| |
| |
(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 |
| |
| 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 |
| |
| 45 |
|
| |
|
| |
|
(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 |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
62 | For Article 14A of the Births and Deaths Registration (Northern Ireland) |
| 50 |
|
| |
|