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Other Bills before Parliament

Human Fertilisation and Embryology Bill [HL]


Human Fertilisation and Embryology Bill [HL]
Part 2 — Parenthood in cases involving assisted reproduction

40

 

Cases in which woman to be other parent

42      

Woman in civil partnership at time of treatment

(1)   

If at the time of the placing in her of the embryo or the sperm and eggs or of her

artificial insemination, W was a party to a civil partnership, then subject to

section 45(2) to (4), the other party to the civil partnership is to be treated as a

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parent of the child unless it is shown that she did not consent to the placing in

W of the embryo or the sperm and eggs or to her artificial insemination (as the

case may be).

(2)   

This section applies whether W was in the United Kingdom or elsewhere at the

time mentioned in subsection (1).

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43      

Treatment provided to woman who agrees that second woman to be parent

If no man is treated, by virtue of section 35 as the father of the child and no

woman is treated by virtue of section 42 as a parent of the child, but—

(a)   

the embryo or the sperm and eggs were placed in W or she was

artificially inseminated, in the course of treatment services provided in

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the United Kingdom by a person to whom a licence applies,

(b)   

at the time when the embryo or the sperm and eggs were placed in W,

or W was artificially inseminated, the agreed female parenthood

conditions (as set out in section 44) were met in relation to another

woman, in relation to treatment provided to W under that licence, and

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(c)   

the other woman remained alive at that time,

then, subject to section 45(2) to (4), the other woman is to be treated as a parent

of the child.

44      

The agreed female parenthood conditions

(1)   

The agreed female parenthood conditions referred to in section 43(b) are met

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in relation to another woman (“P”) in relation to treatment provided to W

under a licence if, but only if,—

(a)   

P has given the person responsible a notice stating that P consents to P

being treated as a parent of any child resulting from treatment

provided to W under the licence,

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(b)   

W has given the person responsible a notice stating that W agrees to P

being so treated,

(c)   

neither W nor P has, since giving notice under paragraph (a) or (b),

given the person responsible notice of the withdrawal of P’s or W’s

consent to P being so treated,

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(d)   

W has not, since the giving of the notice under paragraph (b), given the

person responsible—

(i)   

a further notice under that paragraph stating that W consents to

a woman other than P being treated as a parent of any resulting

child, or

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(ii)   

a notice under section 37(b) stating that W consents to a man

being treated as the father of any resulting child, and

(e)   

W and P are not within prohibited degrees of relationship in relation to

each other.

 
 

Human Fertilisation and Embryology Bill [HL]
Part 2 — Parenthood in cases involving assisted reproduction

41

 

(2)   

A notice under subsection (1)(a), (b) or (c) must be in writing and must be

signed by the person giving it.

45      

Further provision relating to sections 42 and 43

(1)   

Where a woman is treated by virtue of section 42 or 43 as a parent of the child,

no man is to be treated as the father of the child.

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(2)   

In England and Wales and Northern Ireland, sections 42 and 43 do not affect

any presumption, applying by virtue of the rules of common law, that a child

is the legitimate child of the parties to a marriage.

(3)   

In Scotland, sections 42 and 43 do not apply in relation to any child who, by

virtue of any enactment or other rule of law, is treated as the child of the parties

10

to a marriage.

(4)   

Sections 42 and 43 do not apply to any child to the extent that the child is

treated by virtue of adoption as not being the woman’s child.

46      

Embryo transferred after death of civil partner or intended female parent

(1)   

If—

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(a)   

the child has been carried by W as the result of placing in her of an

embryo,

(b)   

the embryo was created at a time when W was a party to a civil

partnership,

(c)   

the other party to the civil partnership died before the placing of the

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embryo in the woman,

(d)   

the other party to the civil partnership consented in writing (and did

not withdraw the consent)—

(i)   

to the placing of the embryo in W after the death of the other

party, and

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(ii)   

to being treated for the purpose mentioned in subsection (4) as

the parent of any resulting child,

(e)   

W has elected in writing not later than the end of the period of 42 days

from the day on which the child was born for the other party to the civil

partnership to be treated for the purpose mentioned in subsection (4) as

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the parent of the child, and

(f)   

no one else is to be treated—

(i)   

as the father of the child by virtue of section 35 or 36 or by virtue

of section 45(2) or (3), or

(ii)   

as a parent of the child by virtue of section 42 or 43 or by virtue

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of adoption,

   

then the other party to the civil partnership is to be treated for the purpose

mentioned in subsection (4) as a parent of the child.

(2)   

If—

(a)   

the child has been carried by W as the result of the placing in her of an

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embryo,

(b)   

the embryo was not created at a time when W was a party to a marriage

or a civil partnership, but was created in the course of treatment

services provided to W in the United Kingdom by a person to whom a

licence applies,

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Human Fertilisation and Embryology Bill [HL]
Part 2 — Parenthood in cases involving assisted reproduction

42

 

(c)   

another woman consented in writing (and did not withdraw the

consent)—

(i)   

to the placing of the embryo in W after the death of the other

woman, and

(ii)   

to being treated for the purpose mentioned in subsection (4) as

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the parent of any resulting child,

(d)   

the other woman died before the placing of the embryo in W,

(e)   

immediately before the other woman’s death, the agreed female

parenthood conditions set out in section 44 were met in relation to the

other woman in relation to treatment proposed to be provided to W in

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the United Kingdom by a person to whom a licence applies,

(f)   

W has elected in writing not later than the end of the period of 42 days

from the day on which the child was born for the other woman to be

treated for the purpose mentioned in subsection (4) as the parent of the

child, and

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(g)   

no one else is to be treated—

(i)   

as the father of the child by virtue of section 35 or 36 or by virtue

of section 45(2) or (3), or

(ii)   

as a parent of the child by virtue of section 42 or 43 or by virtue

of adoption,

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then the other woman is to be treated for the purpose mentioned in subsection

(4) as a parent of the child.

(3)   

Subsections (1) and (2) apply whether W was in the United Kingdom or

elsewhere at the time of the placing in her of the embryo.

(4)   

The purpose referred to in subsections (1) and (2) is the purpose of enabling the

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deceased woman’s particulars to be entered as the particulars of the child’s

other parent in a relevant register of births.

(5)   

In the application of subsections (1) and (2) to Scotland, for any reference to a

period of 42 days there is substituted a reference to a period of 21 days.

47      

Woman not to be other parent merely because of egg donation

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A woman is not to be treated as the parent of a child whom she is not carrying

and has not carried, except where she is so treated—

(a)   

by virtue of section 42 or 43, or

(b)   

by virtue of section 46 (for the purpose mentioned in subsection (4) of

that section), or

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(c)   

by virtue of adoption.

Effect of sections 33 to 47

48      

Effect of sections 33 to 47

(1)   

Where by virtue of section 33, 35, 36, 42 or 43 a person is to be treated as the

mother, father or parent of a child, that person is to be treated in law as the

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mother, father or parent (as the case may be) of the child for all purposes.

(2)   

Where by virtue of section 33, 38, 41, 45 or 47 a person is not to be treated as a

parent of the child, that person is to be treated in law as not being a parent of

the child for any purpose.

 
 

Human Fertilisation and Embryology Bill [HL]
Part 2 — Parenthood in cases involving assisted reproduction

43

 

(3)   

Where section 39(1) or 40(1) or (2) applies, the deceased man—

(a)   

is to be treated in law as the father of the child for the purpose

mentioned in section 39(3) or 40(4), but

(b)   

is to be treated in law as not being the father of the child for any other

purpose.

5

(4)   

Where section 46(1) or (2) applies, the deceased woman—

(a)   

is to be treated in law as a parent of the child for the purpose mentioned

in section 46(4), but

(b)   

is to be treated in law as not being a parent of the child for any other

purpose.

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(5)   

Where any of subsections (1) to (4) has effect, references to any relationship

between two people in any enactment, deed or other instrument or document

(whenever passed or made) are to be read accordingly.

(6)   

In relation to England and Wales and Northern Ireland, nothing in the

provisions of section 33(1) or sections 35 to 47, read with this section—

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(a)   

affects the succession to any dignity or title of honour or renders any

person capable of succeeding to or transmitting a right to succeed to

any such dignity or title, or

(b)   

affects the devolution of any property limited (expressly or not) to

devolve (as nearly as the law permits) along with any dignity or title of

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honour.

(7)   

In relation to Scotland—

(a)   

those provisions do not apply to any title, coat of arms, honour or

dignity transmissible on the death of its holder or affect the succession

to any such title, coat of arms or dignity or its devolution, and

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(b)   

where the terms of any deed provide that any property or interest in

property is to devolve along with a title, coat of arms, honour or

dignity, nothing in those provisions is to prevent that property or

interest from so devolving.

References to parties to marriage or civil partnership

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49      

Meaning of references to parties to a marriage

(1)   

The references in sections 35 to 47 to the parties to a marriage at any time there

referred to—

(a)   

are to the parties to a marriage subsisting at that time, unless a judicial

separation was then in force, but

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(b)   

include the parties to a void marriage if either or both of them

reasonably believed at that time that the marriage was valid; and for the

purposes of those sections it is to be presumed, unless the contrary is

shown, that one of them reasonably believed at that time that the

marriage was valid.

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(2)   

In subsection (1)(a) “judicial separation” includes a legal separation obtained in

a country outside the British Islands and recognised in the United Kingdom.

 
 

 
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