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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 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

 

 

 
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