Office of Public Sector Information
SCHEDULE 6 continued PART 1 continued
33 (1) Section 32 of the 1990 Act (information to be provided to Registrar General) is amended as follows.
(2) In subsection (1)—
(a) for “man” substitute “person”, and
(b) for “father” substitute “parent”.
(3) In subsection (2), for the words from “that the man” to “section 28 of this Act” substitute “that the person may be a parent of the child by virtue of any of the relevant statutory provisions”.
(4) After subsection (2) insert—
“(2A) In subsection (2) “the relevant statutory provisions” means—
(a) section 28 of this Act, and
(b) sections 35 to 47 of the Human Fertilisation and Embryology Act 2008.”
34 In section 34 of the 1990 Act (disclosure in the interests of justice), in subsection (1), after “of this Act” insert “or sections 33 to 47 of the Human Fertilisation and Embryology Act 2008”.
35 (1) Section 35 of the 1990 Act (disclosure of information in the interests of justice: congenital disabilities etc.) is amended as follows.
(2) In subsections (1) and (2), for “sections 27 to 29 of this Act” substitute “the relevant statutory provisions”.
(3) After subsection (2) insert—
“(2A) In subsections (1) and (2) “the relevant statutory provisions” means—
(a) sections 27 to 29 of this Act, and
(b) sections 33 to 47 of the Human Fertilisation and Embryology Act 2008.”
36 In section 26 of the Child Support Act 1991 (disputes about parentage), in subsection (2), for Cases B and B1 substitute—
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 Embryology Act 2008 (parental orders).
Where the Secretary of State 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 the Human Fertilisation and Embryology Act 2008 (which relate to children resulting from assisted reproduction).”
37 In section 63 of the Family Law Act 1996 (definition of family proceedings), in subsection (2), for paragraph (h) substitute—
“(h) section 54 of the Human Fertilisation and Embryology Act 2008;”.
38 In Schedule 2 to the Access to Justice Act 1999 (community legal services: excluded services), in paragraph 2(3), for paragraph (f) substitute—
“(f) under section 54 of the Human Fertilisation and Embryology Act 2008,”.
39 (1) Section 51 of the Adoption and Children Act 2002 (adoption by one person) is amended as follows.
(2) In subsection (4), for paragraph (b) substitute—
“(b) by virtue of the provisions specified in subsection (5), there is no other parent, or”.
(3) After subsection (4) insert—
“(5) The provisions referred to in subsection (4)(b) 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).”
40 In section 27 of the Mental Capacity Act 2005 (family relationships), in subsection (1), after paragraph (h) insert—
“(i) giving a consent under the Human Fertilisation and Embryology Act 2008.”
41 In section 110(1) of the Children and Young Persons (Scotland) Act 1937 (interpretation), in the definition of “parental responsibilities”—
(a) the words from “a father” to the end become paragraph (a), and
(b) after that paragraph insert—
“(b) a second female parent would have as a parent but for the operation of section 3(1)(d) of that Act.”
42 In section 14 of the Registration of Births, Deaths and Marriages (Scotland) Act 1965 (duty to give information of particulars of birth), after subsection (4) insert—
“(4A) In the case of a child who has a parent by virtue of section 42 of the Human Fertilisation and Embryology Act 2008, the references in subsections (1) and (2) to the father of the child are to be read as references to the woman who is a parent by virtue of that section.”
43 For section 18ZA of the Registration of Births, Deaths and Marriages (Scotland) Act 1965 substitute—
(1) The registrar shall not enter in the register—
(a) as the father of a child the name of a man who is to be treated for that purpose as the father of the child by virtue of section 39(1) or 40(1) or (2) of the Human Fertilisation and Embryology Act 2008 (circumstances in which man to be treated as father of child for purpose of registration of birth where fertility treatment undertaken after his death); or
(b) as a parent of the child, the name of a woman who is to be treated for that purpose as a parent of the child by virtue of section 46(1) or (2) of that Act (circumstances in which woman to be treated as parent of child for purposes of registration of birth where fertility treatment undertaken after her death),
unless the condition in subsection (2) below is satisfied.
(2) The condition in this subsection is satisfied if—
(a) the mother requests the registrar to make such an entry in the register and produces the relevant documents; or
(b) in the case of the death or inability of the mother, the relevant documents are produced by some other person who is a qualified informant.
(3) In this section “the relevant documents” means—
(a) the consent in writing and election mentioned in section 39(1), 40(1) or (2) or 46(1) or (2) (as the case requires) of the Human Fertilisation and Embryology Act 2008;
(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 (Scotland) Act 1965 insert—
(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 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 43 of that Act of 2008 except—
(a) at the joint request of the mother and the woman concerned (in which case the woman concerned shall attest, in the prescribed manner, the birth registration form together with the mother); or
(b) at the request of the mother on production of—
(i) a declaration in the prescribed form made by the mother stating that the woman concerned is 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 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 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; 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 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 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 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 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 acknowledging herself to be a parent of the 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—
(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 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)—
(i) after “(c)” insert “or (d)”,
(ii) after “paternity” insert “or parentage”, and
(iii) after “18” insert “or 18B”.
46 In section 9(1)(c)(ii) of the Family Law (Scotland) Act 1985 (court to consider 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 1985 (interpretation), in the definition of “family”, at the end 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;”.
48 In section 1(1) of the Children (Scotland) Act 1995 (parental responsibilities), after “3(1)(b)” insert “, and (d)”.
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 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 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 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 (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.”
(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—
(1) Where—
(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 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 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 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: 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)—
(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).”
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 that Act of 2008”.
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—
| “3. Relationships by virtue of Part 2 of the Human Fertilisation and Embryology Act 2008 | |
|---|---|
| Mother | Father |
| Daughter | Son |
| Second female parent by virtue of section 42 or 43 of that Act” | |
56 (1) Section 30 of the Adoption and Children (Scotland) Act 2007 (adoption by 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—
“(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).”
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”.
(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 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
(d) the female parent is at the date of the formation 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 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 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 into a civil partnership; and
(d) the female parent is at the time of the formation 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;
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.”
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”.
60 (1) Article 10 of the Births and Deaths Registration (Northern Ireland) Order 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 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—
(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
(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 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—
(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—
(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
(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—
(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 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 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 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 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
(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 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 discharged by an order of a court.
(4) Where, in the case of a child to whom Article 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 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 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) Order 1976 substitute—
(1) A registrar shall not enter in the register—
(a) as the father of a child, the name of a man who is to be treated for that purpose as the father of the child by virtue of section 39(1) or 40(1) or (2) of the Human Fertilisation and Embryology Act 2008 (circumstances in which man to be treated as father of child for purposes of registration of birth where fertility treatment undertaken after his death); or
(b) as a parent of the child, the name of a woman who is to be treated for that purpose as a parent of the child by virtue of section 46(1) or (2) of that Act (circumstances in which woman to be treated as parent of child for purposes of registration of birth where fertility treatment undertaken after her death);
unless the condition in paragraph (2) below is satisfied.
(2) The condition in this paragraph is satisfied if—
(a) the mother requests the registrar to make such an entry in the register and produces the relevant documents; or
(b) in the case of the death or inability of the mother, the relevant documents are produced by some other person who is a qualified informant.
(3) In this Article “the relevant documents” means—
(a) the consent in writing and election mentioned in section 39(1), 40(1) or (2) or 46(1) or (2) (as the case requires) of the Human Fertilisation and Embryology Act 2008;
(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.”
63 (1) Article 18 of the Births and Deaths Registration (Northern Ireland) Order 1976 (re-registration of births) is amended as follows.
(2) In paragraph (1)—
(a) in sub-paragraph (b), after “child” insert “who has a father and”,
(b) after sub-paragraph (b) insert—
“(ba) in the case of a child who has a parent by virtue of section 43 of the Human Fertilisation and Embryology Act 2008 and to whom Article 155(3) of the Children (Northern Ireland) Order 1995 does not apply—
(i) the birth was registered as if Article 155(3) of that Order did apply to the child; or
(ii) no particulars relating to a parent of the child by virtue of section 42, 43 or 46(1) or (2) of that Act have been entered in the register; or”, and
(c) for sub-paragraph (c) substitute—
“(c) in the case of a person who is to be treated—
(i) as the father of the child by virtue of section 39(1) or 40(1) or (2) of the Human Fertilisation and Embryology Act 2008; or
(ii) as a parent of the child by virtue of section 46(1) or (2) of that Act;
the condition in Article 14A(2) is satisfied.”
(3) At the end of paragraph (1A) insert “and re-registration under sub-paragraph (ba)(ii) shall not be authorised otherwise than in accordance with Article 14ZA(3)”.
64 (1) Article 19 of the Births and Deaths Registration (Northern Ireland) Order 1976 (re-registration of births of legitimated persons) is amended as follows.
(2) In paragraph (3)—
(a) after sub-paragraph (a) insert—
“(aa) the name of a person acknowledging herself to be a parent of the legitimated person by virtue of section 43 of the Human Fertilisation and Embryology Act 2008 has been entered in the register in pursuance of Article 14ZA or 18 of this Order; or”, and
(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”.
Human Fertilisation and Embryology Act 2008