House of Lords portcullis
House of Lords
Session 2002 - 03
Internet Publications
Other Bills before Parliament

Human Fertilisation and Embryology (Deceased Fathers) Bill


Human Fertilisation and Embryology (Deceased Fathers) Bill

    1

 

A

Bill

To

Make provision about the circumstances in which, and the extent to which, a

man is to be treated in law as the father of a child where the child has resulted

from certain fertility treatment undertaken after the man’s death; and for

connected purposes. 

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and

consent of the Lords Spiritual and Temporal, and Commons, in this present

Parliament assembled, and by the authority of the same, as follows:—

 1     Certain deceased men to be registered as fathers

     (1)    After section 28(5) of the Human Fertilisation and Embryology Act 1990 (c. 37)

(meaning of “father”) there shall be inserted—

           “(5A)              If—

                  (a)                 a child has been carried by a woman as the result of the placing

5

in her of an embryo or of sperm and eggs or her artificial

insemination,

                  (b)                 the creation of the embryo carried by her was brought about by

using the sperm of a man after his death, or the creation of the

embryo was brought about using the sperm of a man before his

10

death but the embryo was placed in the woman after his death,

                  (c)                 the woman was a party to a marriage with the man immediately

before his death,

                  (d)                 the man consented in writing (and did not withdraw the

consent)—

15

                        (i)                        to the use of his sperm after his death which brought

about the creation of the embryo carried by the woman

or (as the case may be) to the placing in the woman after

his death of the embryo which was brought about using

his sperm before his death, and

20

                        (ii)                       to being treated for the purpose mentioned in

subsection (5I) below as the father of any resulting child,

                  (e)                 the woman 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

 
HL Bill 7853/2
 
 

Human Fertilisation and Embryology (Deceased Fathers) Bill

    2

 

the man to be treated for the purpose mentioned in subsection

(5I) below as the father of the child, and

                  (f)                 no-one else is to be treated as the father of the child by virtue of

subsection (2) or (3) above or by virtue of adoption or the child

being treated as mentioned in paragraph (a) or (b) of subsection

5

(5) above,

                         then the man shall be treated for the purpose mentioned in subsection

(5I) below as the father of the child.

           (5B)              If—

                  (a)                 a child has been carried by a woman as the result of the placing

10

in her of an embryo or of sperm and eggs or her artificial

insemination,

                  (b)                 the creation of the embryo carried by her was brought about by

using the sperm of a man after his death, or the creation of the

embryo was brought about using the sperm of a man before his

15

death but the embryo was placed in the woman after his death,

                  (c)                 the woman was not a party to a marriage with the man

immediately before his death but treatment services were being

provided for the woman and the man together before his death

either by a person to whom a licence applies or outside the

20

United Kingdom,

                  (d)                 the man consented in writing (and did not withdraw the

consent)—

                        (i)                        to the use of his sperm after his death which brought

about the creation of the embryo carried by the woman

25

or (as the case may be) to the placing in the woman after

his death of the embryo which was brought about using

his sperm before his death, and

                        (ii)                       to being treated for the purpose mentioned in

subsection (5I) below as the father of any resulting child,

30

                  (e)                 the woman 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 man to be treated for the purpose mentioned in subsection

(5I) below as the father of the child, and

                  (f)                 no-one else is to be treated as the father of the child by virtue of

35

subsection (2) or (3) above or by virtue of adoption or the child

being treated as mentioned in paragraph (a) or (b) of subsection

(5) above,

                         then the man shall be treated for the purpose mentioned in subsection

(5I) below as the father of the child.

40

           (5C)              If—

                  (a)                 a child has been carried by a woman as the result of the placing

in her of an embryo,

                  (b)                 the embryo was created at a time when the woman was a party

to a marriage,

45

                  (c)                 the creation of the embryo was not brought about with the

sperm of the other party to the marriage,

                  (d)                 the other party to the marriage died before the placing of the

embryo in the woman,

                  (e)                 the other party to the marriage consented in writing (and did

50

not withdraw the consent)—

 

 

Human Fertilisation and Embryology (Deceased Fathers) Bill

    3

 

                        (i)                        to the placing of the embryo in the woman after his

death, and

                        (ii)                       to being treated for the purpose mentioned in

subsection (5I) below as the father of any resulting child,

                  (f)                 the woman has elected in writing not later than the end of the

5

period of 42 days from the day on which the child was born for

the other party to the marriage to be treated for the purpose

mentioned in subsection (5I) below as the father of the child,

and

                  (g)                 no-one else is to be treated as the father of the child by virtue of

10

subsection (2) or (3) above or by virtue of adoption or the child

being treated as mentioned in paragraph (a) or (b) of subsection

(5) above,

                         then the other party to the marriage shall be treated for the purpose

mentioned in subsection (5I) below as the father of the child.

15

           (5D)              If—

                  (a)                 a child has been carried by a woman as the result of the placing

in her of an embryo,

                  (b)                 the embryo was not created at a time when the woman was a

party to a marriage but was created in the course of treatment

20

services provided for the woman and a man together either by

a person to whom a licence applies or outside the United

Kingdom,

                  (c)                 the creation of the embryo was not brought about with the

sperm of that man,

25

                  (d)                 the man died before the placing of the embryo in the woman,

                  (e)                 the man consented in writing (and did not withdraw the

consent)—

                        (i)                        to the placing of the embryo in the woman after his

death, and

30

                        (ii)                       to being treated for the purpose mentioned in

subsection (5I) below as the father of any resulting child,

                  (f)                 the woman 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 man to be treated for the purpose mentioned in subsection

35

(5I) below as the father of the child, and

                  (g)                 no-one else is to be treated as the father of the child by virtue of

subsection (2) or (3) above or by virtue of adoption or the child

being treated as mentioned in paragraph (a) or (b) of subsection

(5) above,

40

                         then the man shall be treated for the purpose mentioned in subsection

(5I) below as the father of the child.

           (5E)              In the application of subsections (5A) to (5D) above to Scotland, for any

reference to a period of 42 days there shall be substituted a reference to

a period of 21 days.

45

           (5F)              The requirement under subsection (5A), (5B), (5C) or (5D) above as to

the making of an election (which requires an election to be made either

on or before the day on which the child was born or within the period

of 42 or, as the case may be, 21 days from that day) shall nevertheless

be treated as satisfied if the required election is made after the end of

50

 

 

Human Fertilisation and Embryology (Deceased Fathers) Bill

    4

 

that period but with the consent of the Registrar General under

subsection (5G) below.

           (5G)              The Registrar General may at any time consent to the making of an

election after the end of the period mentioned in subsection (5F) above

if, on an application made to him in accordance with such requirements

5

as he may specify, he is satisfied that there is a compelling reason for

giving his consent to the making of such an election.

           (5H)              In subsections (5F) and (5G) above “the Registrar General” means the

Registrar General for England and Wales, the Registrar General of

Births, Deaths and Marriages for Scotland or (as the case may be) the

10

Registrar General for Northern Ireland.

           (5I)              The purpose referred to in subsections (5A) to (5D) above is the

purpose of enabling the man’s particulars to be entered as the

particulars of the child’s father in (as the case may be) a register of live-

births or still-births kept under the Births and Deaths Registration Act

15

1953 or the Births and Deaths Registration (Northern Ireland) Order

1976 or a register of births or still-births kept under the Registration of

Births, Deaths and Marriages (Scotland) Act 1965.”

     (2)    After section 29(3) of the Act of 1990 (effect of sections 27 and 28) there shall be

inserted—

20

           “(3A)              Subsections (1) to (3) above do not apply in relation to the treatment in

law of a deceased man in a case to which section 28(5A), (5B), (5C) or

(5D) of this Act applies.

           (3B)              Where subsection (5A), (5B), (5C) or (5D) of section 28 of this Act

applies, the deceased man—

25

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

referred to in that subsection, but

                  (b)                 is to be treated in law as not being the father of the child for any

other purpose.

           (3C)              Where subsection (3B) above has effect, references to any relationship

30

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

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

           (3D)              In subsection (3C) above “enactment” includes an enactment

comprised in, or in an instrument made under, an Act of the Scottish

Parliament or Northern Ireland legislation.”

35

 2     Consequential and supplementary provision

     (1)    The Schedule (which contains consequential amendments) shall have effect.

     (2)    Section 1 of the Regulatory Reform Act 2001 (c. 6) (power by order to make

provision reforming law which imposes burdens) shall have effect, for the

purposes of making a relevant calculation in relation to any amendment made

40

to the Births and Deaths Registration Act 1953 (c. 20) by or under this Act, as if

this Act and any order made under this Act were passed or made more than

two years before it was passed or made.

     (3)    In subsection (2) “relevant calculation” means a calculation as to whether any

period is a period of, or of more or less than, two years.

45

 

 

 
previous section contents continue
 
House of Lords home page Houses of Parliament home page House of Commons home page search page enquiries

© Parliamentary copyright 2003
Revised 17 June 2003