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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 3 — Enactments relating only to Northern Ireland

94

 

(b)   

after sub-paragraph (b) insert—

“(ba)   

the parentage by virtue of section 43 of the Human

Fertilisation and Embryology Act 2008 of the

legitimated person has been established by a decree

of a court of competent jurisdiction; or”.

5

      (3)  

In paragraph (4), after “marriage” insert “or the formation of the civil

partnership”.

      (4)  

In paragraph (5)—

(a)   

after “marriage” insert “or civil partnership”, and

(b)   

after “date of the marriage” insert “or the formation of the civil

10

partnership”.

64         

In Article 20 of the Births and Deaths Registration (Northern Ireland) Order

1976 (registration of births of legitimated person), in paragraph (2), for “sub-

paragraph (a)” substitute “sub-paragraphs (a) and (aa)”.

65         

In Article 37 of the Births and Deaths Registration (Northern Ireland) Order

15

1976 (registration or alteration of child’s name), in paragraph (7)—

(a)   

after sub-paragraph (a) insert—

“(aa)   

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 mother and other parent of

20

the child if Article 155(3) of the Children (Northern

Ireland) Order 1995 applies to the child or if it does

not apply but the other parent has parental

responsibility for the child;”, and

(b)   

for sub-paragraph (b) substitute—

25

“(b)   

the mother of the child if—

(i)   

in the case of a child who has a father, the

child’s parents were not married to each other

at the time of the birth and the father does not

have parental responsibility for the child; and

30

(ii)   

in the case of a child who has a parent by

virtue of section 43 of the Human Fertilisation

and Embryology Act 2008, Article 155(3) of

the Children (Northern Ireland) Order 1995

does not apply to the child and the parent by

35

virtue of that section of that Act does not have

parental responsibility for the child;”.

Child Support (Northern Ireland) Order 1991 (S. I. 1991/2628 (N. I. 23)

66    (1)  

Article 27 of the Child Support (Northern Ireland) Order 1991 (disputes

about parentage) is amended as follows.

40

      (2)  

In paragraph (2), in Case A2, 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 Act 2008,”.

 

 

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

95

 

      (3)  

In paragraph (2), for Cases B and B1 in paragraph (2) substitute—

“CASE B

   

Where the alleged parent is a parent of the child in question by virtue

of an order under section 30 of the Human Fertilisation and

Embryology Act 1990 or section 54 of the Human Fertilisation and

5

Embryology Act 2008 (parental orders).

CASE B1

   

Where the Department is satisfied that the alleged parent is a parent

of the child in question by virtue of section 27 or 28 of the Human

Fertilisation and Embryology Act 1990 or any of sections 33 to 46 of

10

the Human Fertilisation and Embryology Act 2008 (which relate to

children resulting from assisted reproduction).”

Children (Northern Ireland) Order 1995 (S. I. 1995/755 (N. I. 2))

67         

In Article 2 of the Children (Northern Ireland) Order 1995, in paragraph (1),

in the definition of “parental responsibility agreement”, for “Article 7(1)(b)”

15

substitute “Article 7(1ZB)”.

68    (1)  

Article 5 of the Children (Northern Ireland) Order 1995 (parental

responsibility for children) is amended as follows.

      (2)  

After paragraph (1) insert—

“(1A)   

Where a child—

20

(a)   

has a parent by virtue of section 42 of the Human Fertilisation

and Embryology Act 2008; or

(b)   

has a parent by virtue of section 43 of that Act and is a person

to whom Article 155(3) applies,

   

the child’s mother and the other parent shall each have parental

25

responsibility for the child.”

      (3)  

After paragraph (2) insert—

“(2A)   

Where a child has a parent by virtue of section 43 of the Human

Fertilisation and Embryology Act 2008 and is not a person to whom

Article 155(3) applies—

30

(a)   

the mother shall have parental responsibility for the child;

(b)   

the other parent shall have parental responsibility for the

child if she has acquired it (and has not ceased to have it) in

accordance with the provisions of this Order.”

69    (1)  

Article 7 of the Children (Northern Ireland) Order 1995 (acquisition of

35

parental responsibility) is amended as follows.

      (2)  

In paragraph (1)(b), omit “(a “parental responsibility agreement”)”.

      (3)  

After paragraph (1) insert—

“(1ZA)   

Where a child has a parent by virtue of section 43 of the Human

Fertilisation and Embryology Act 2008 and is not a person to whom

40

Article 155(3) applies, that parent shall acquire parental

responsibility for the child if—

(a)   

she becomes registered as a parent of the child;

 

 

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

96

 

(b)   

she and the child’s mother make an agreement providing for

her to have parental responsibility for the child; or

(c)   

the court, on her application, orders that she shall have

parental responsibility for the child.

(1ZB)   

An agreement under paragraph (1)(b) or (1ZA)(b) is known as a

5

“parental responsibility agreement”.”

      (4)  

After paragraph (2) insert—

“(2A)   

In paragraph (1)(a) “registered” means registered under—

(a)   

Article 14(3)(a), (b) or (c) of the Births and Deaths

Registration (Northern Ireland) Order 1976;

10

(b)   

paragraph (a), (b) or (c) of section 10(1) or 10A(1) of the Births

and Deaths Registration Act 1953; or

(c)   

paragraphs (a), (b) and (d) of section 18B(1), and sections

18B(3)(a) and 20(1)(a) of the Registration of Births, Deaths

and Marriages (Scotland) Act 1965.

15

(2B)   

In paragraph (1ZA)(a) “registered” means registered under—

(a)   

Article 14ZA(3)(a), (b) or (c) of the Births and Deaths

Registration (Northern Ireland) Order 1976;

(b)   

paragraph (a), (b) or (c) of section 10(1B) and of section

10A(1B) of the Births and Deaths Registration Act 1953; or

20

(c)   

section 18B of the Registration of Births, Deaths and

Marriages (Scotland) Act 1965.”

      (5)  

In paragraph (3), omit the words from “and “registered”” to the end.

      (6)  

In paragraph (3A), after “paragraph (1)” insert “, (1ZA)”.

      (7)  

In paragraph (4)—

25

(a)   

for “the father” substitute “a parent”, and

(b)   

after “paragraph (1)(c)” insert “or (1ZA)(c)”.

70    (1)  

Article 12 of the Children (Northern Ireland) Order 1995 (residence orders

and parental responsibility) is amended as follows.

      (2)  

After paragraph (1) insert—

30

“(1A)   

Where the court makes a residence order in favour of a person who

is a parent of a child by virtue of section 43 of the Human Fertilisation

and Embryology Act 2008 it shall, if that person would not otherwise

have parental responsibility for the child, also make an order under

Article 7(1ZA) giving her that responsibility.”

35

      (3)  

In paragraph (4)—

(a)   

after “(1)” insert “or (1A)”, and

(b)   

for “father” substitute “parent”.

71    (1)  

Article 155 of the Children (Northern Ireland) Order 1995 (parents not being

married to each other to have no effect in law on relationships) is amended

40

as follows.

      (2)  

In paragraph (3), after paragraph (b) insert—

“(ba)   

has a parent by virtue of section 42 of the Human Fertilisation

and Embryology Act 2008 (which relates to treatment

 

 

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

97

 

provided to a woman who is at the time of treatment a party

to a civil partnership or, in certain circumstances, a void civil

partnership);

(bb)   

has a parent by virtue of section 43 of that Act (which relates

to treatment provided to woman who agrees that second

5

woman to be parent) who—

(i)   

is the civil partner of the child’s mother at the time of

the child’s birth, or

(ii)   

was the civil partner of the child’s mother at any time

during the period beginning with the time mentioned

10

in section 43(b) of that Act and ending with the child’s

birth;”.

      (3)  

After paragraph (4) insert—

“(4A)   

A child whose parents are parties to a void civil partnership shall,

subject to paragraph (4B), be treated as falling within paragraph

15

(3)(bb) if at the time when the parties registered as civil partners of

each other both or either of the parties reasonably believed that the

civil partnership was valid.

(4B)   

Paragraph (4A) applies only where the woman who is a parent by

virtue of section 43 was domiciled in Northern Ireland at the time of

20

the birth or, if she died before the birth, was so domiciled before her

death.

(4C)   

Paragraph (4A) applies even though the belief that the civil

partnership was valid was due to a mistake as to law.

(4D)   

It shall be presumed for the purposes of paragraph (4A), unless the

25

contrary is shown, that one of the parties to a void civil partnership

reasonably believed at the time of the formation of the civil

partnership that the civil partnership was valid.”

72         

In Article 179 of the Children (Northern Ireland) Order 1995 (effect and

duration of orders etc), in paragraph (7), after “7(1)” insert “, (1ZA)”.

30

73    (1)  

Schedule 1 to the Children (Northern Ireland) Order 1995 (financial

provision for children) is amended as follows.

      (2)  

At the end of paragraph 5 insert—

    “(5)  

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, any

35

reference in sub-paragraph (2), (3) or (4) to the child’s father is a

reference to the woman who is a parent of the child by virtue of

that section.”

      (3)  

At the end of paragraph 12 insert—

    “(8)  

In the case of a child who has a parent by virtue of section 42 or 43

40

of the Human Fertilisation and Embryology Act 2008, the

reference in sub-paragraph (1)(a) to the child’s father is a reference

to the woman who is a parent of the child by virtue of that section.”

74    (1)  

Paragraph 1 of Schedule 6 to the Children (Northern Ireland) Order 1995

(succession on intestacy where parents not married to each other) is

45

amended as follows.

 

 

Human Fertilisation and Embryology Bill [HL]
Schedule 7 — Minor and consequential amendments

98

 

      (2)  

At the end of sub-paragraph (2) insert—

   “(2A)  

In the case of a person who has a parent by virtue of

section 43 of the Human Fertilisation and Embryology

Act 2008 (treatment provided to woman who agrees that

second woman to be parent), the second and third

5

references in paragraph (2) to the person’s father are to

be read as references to the woman who is a parent of

the person by virtue of that section.”

      (3)  

In sub-paragraph (3) for “section 19(1) of that Act” substitute “section 19(1)

of the Administration of Estates Act (Northern Ireland) 1955”.

10

Schedule 7

Section 65

 

Minor and consequential amendments

Congenital Disabilities (Civil Liability) Act 1976 (c. 28)

1          

In section 4 of the Congenital Disabilities (Civil Liability) Act 1976

(interpretation), in subsection (2), for “section 1 of the Human Fertilisation

15

and Embryology Act 1990” substitute “section 1(1) of the Human

Fertilisation and Embryology Act 1990 and any regulations under section

1(6) of that Act”.

Human Fertilisation and Embryology Act 1990 (c. 37)

2          

In section 2 of the 1990 Act (other terms)—

20

(a)   

in subsection (1), in the definition of “store”, for “or embryos”

substitute “, embryos or inter-species embryos”, and

(b)   

in subsection (2), for “or gametes” substitute “, gametes or inter-

species embryos”.

3          

Omit section 10 of the 1990 Act (licensing procedure).

25

4          

In section 13A of the 1990 Act (conditions of licences for non-medical fertility

services), omit subsection (4).

5          

Omit section 22 of the 1990 Act (temporary suspension of licence).

6          

In section 23 of the 1990 Act (directions: general)—

(a)   

in subsection (5), for paragraph (a) substitute—

30

“(a)   

in respect of any licence (including a licence which

has ceased to have effect), by serving notice of the

directions on the person—

(i)   

who is the person responsible or the holder of

the licence, if different, or

35

(ii)   

who was the person responsible or the holder

of the licence, if different,”, and

(b)   

omit subsection (6).

7          

In section 31A of the 1990 Act (the Authority’s register of licences), in

subsection (2)(c), for “, if applicable, the nominal licensee” substitute “the

40

name of the holder of the licence (if different)”.

 

 

Human Fertilisation and Embryology Bill [HL]
Schedule 7 — Minor and consequential amendments

99

 

8          

In section 32 of the 1990 Act (information to be provided to Registrar

General), in subsection (3), for “section 33” substitute “33A”.

9          

In section 34 of the 1990 Act (disclosure in the interests of justice), in

subsection (1), for section “31(2)(b)” substitute “section 31(2)(c) to (e)”.

10         

In section 47 of the 1990 Act (index)—

5

(a)   

in the first column, after “embryo” insert “(except in section 4A or in

the term “inter-species embryo”)”,

(b)   

in the first column, after “gametes, eggs or sperm”, insert “(except in

section 4A)”,

(c)   

in the first column, in the entry relating to “store”, after “embryos”

10

insert “, inter-species embryos”,

(d)   

at the appropriate places insert—

 

“appeals committee

section 20A(2)”

 
 

“inter-species embryo

section 4A(5)”

 
 

“nuclear DNA (in relation to

section 2(1)”, and

 

15

 

an embryo)

  

(e)   

omit the entries relating to “licence committee” and “nominal

licensee”.

11         

In section 48 of the 1990 Act (application to Northern Ireland) for “sections

33(6)(h) and” substitute “sections 33A(2)(s) and”.

20

12         

In Schedule 1 to the 1990 Act (the Authority: supplementary provision)—

(a)   

in paragraph 9(1), for “The” substitute “Subject to any provision of

this Act, the”,

(b)   

in paragraph 10(3), omit “or any licence committee”, and

(c)   

after paragraph 14, insert—

25

“Application of Statutory Instruments Act 1946

15         

The Statutory Instruments Act 1946 (c. 36) applies to any

power to make orders or regulations conferred by an Act

on the Authority as if the Authority were a Minister of the

Crown.”

30

Age of Legal Capacity (Scotland) Act 1991 (c. 50)

13         

In section 2 of the Age of Legal Capacity (Scotland) Act 1991, after subsection

(4) (which provides for an exception to the general rule about the age of legal

capacity in relation to surgical, medical or dental procedure or treatment)

insert—

35

“(4ZA)   

For the purposes of subsection (4), the storage of gametes in

accordance with the Human Fertilisation and Embryology Act 1990

(c.37) is to be treated as a medical procedure.”

 

 

Human Fertilisation and Embryology Bill [HL]
Schedule 7 — Minor and consequential amendments

100

 

Children (Scotland) Act 1995 (c.36)

14         

In section 15 of the Children (Scotland) Act 1995 (interpretation of Part 1),

after subsection (6) insert—

“(7)   

No provision in this Part of this Act shall permit a person to give a

consent to the storage of gametes under the Human Fertilisation and

5

Embryology Act 1990 (c. 37) on behalf of a child.”

Adults with Incapacity (Scotland) Act 2000 (asp 2)

15         

After section 84 of the Adults with Incapacity (Scotland) Act 2000 insert—

“84A    

Application to storage of gametes without adult’s consent where adult

is incapable

10

(1)   

The storage of gametes under paragraph 10 of Schedule 3 to the

Human Fertilisation and Embryology Act 1990 (storage of gametes

without patient’s consent where patient is incapable) is to be treated

as an intervention in the affairs of an adult under this Act.

(2)   

Sections 2 to 5, 8, 11, 14 and 85 of this Act apply to a registered

15

medical practitioner’s decision under that paragraph as they apply

to decisions taken for the purposes of this Act.

(3)   

Section 52 of this Act applies to a practitioner’s decision under that

paragraph as it applies to decisions taken for the purposes of section

47 of this Act.

20

(4)   

Part 5 of this Act (other than section 52) does not apply to the storage

of gametes under that paragraph.

(5)   

Section 83 of this Act applies to a practitioner’s decision under that

paragraph as if the practitioner were exercising powers under this

Act.

25

(6)   

Nothing in this section authorises any person, other than the person

whose gametes are to be stored, to consent to the storage of the

gametes.”

Criminal Justice and Police Act 2001 (c. 16)

16         

In section 57 of the Criminal Justice and Police Act 2001 (retention of seized

30

items), in subsection (1)(k), for “section 40(4) of” substitute “paragraph 7(4)

of Schedule 3B to”.

17         

In section 66 of the Criminal Justice and Police Act 2001 (general

interpretation of Part 2)—

(a)   

in subsection (4), after paragraph (j) insert—

35

“(ja)   

paragraph 5 of Schedule 3B to the Human

Fertilisation and Embryology Act 1990.”, and

(b)   

in subsection (5), omit paragraph (g).

18         

In Schedule 1 to the Criminal Justice and Police Act 2001 (powers of seizure)

 

 

 
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