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Human Fertilisation and Embryology (Deceased Fathers) Bill


Human Fertilisation and Embryology (Deceased Fathers) Bill
Schedule — Consequential amendments

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       “14A Registration of father by virtue of certain provisions of the Human

Fertilisation and Embryology Act 1990

              (1)             A registrar shall not enter as the father of a child the name of any

person who is to be treated as the father of the child by virtue of

section 28(5A), (5B), (5C) or (5D) of the Human Fertilisation and

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Embryology Act 1990 (circumstances in which man to be treated as

father of child for purposes of registration of birth where fertility

treatment undertaken after his death) unless the condition in

paragraph (2) is satisfied.

              (2)                             The condition in this paragraph is satisfied if—

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                    (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.

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              (3)             In this Article “the relevant documents” means—

                    (a)                   the consent in writing and election mentioned in section

28(5A), (5B), (5C) or (as the case may be) (5D) of the Act of

1990;

                    (b)                   a certificate of a registered medical practitioner as to the

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medical facts concerned; and

                    (c)                   such other documentary evidence (if any) as the registrar

considers appropriate.”

  10       In Article 18 of that Order (re-registration of births) at the end of paragraph

(1) there shall be inserted—

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                    “(c)                      in the case of a person who is to be treated as the father of the

child by virtue of section 28(5A), (5B), (5C) or (5D) of the

Human Fertilisation and Embryology Act 1990, if the

condition in Article 14A(2) is satisfied.”

Adoption (Scotland) Act 1978 (c.28)

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  11       In section 15(3)(a) of the Adoption (Scotland) Act 1978 (adoption by one

person where no other parent) after “1990” there shall be inserted

“(disregarding subsections (5A) to (5I) of that section)”.

Adoption (Northern Ireland) Order 1987 (S.I. 1987/2203 (N.I.22))

  12       In Article 15(3)(a) of the Adoption (Northern Ireland) Order 1987 (adoption

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by one person where no other parent) after “1990” there shall be inserted

“(disregarding subsections (5A) to (5I) of that section)”.

Human Fertilisation and Embryology Act 1990 (c.37)

  13       In section 28 of the Human Fertilisation and Embryology Act 1990, in

subsection (1) (children to whom section 28 applies), at the beginning, there

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shall be inserted “Subject to subsections (5A) to (5I) below,”.

  14       In section 28(6) of that Act (man whose sperm was used after his death not

to be treated as father of child) after “not” there shall be inserted “, subject to

subsections (5A) and (5B) above,”.

 

 

Human Fertilisation and Embryology (Deceased Fathers) Bill
Schedule — Consequential amendments

    10

 

  15       In section 28(7) of that Act (meaning of references to the parties to a

marriage) after “subsection (2) above” there shall be inserted “and

subsections (5A) to (5D) above”.

  16       In section 29(4) of that Act (succession to dignities etc) after “(4)” there shall

be inserted “or (5A) to (5I)”.

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  17       In section 30(9)(b) of that Act (power to make regulations about references

to adoption etc) the reference to any enactment shall be read as including a

reference to any enactment contained in section 28(5A) to (5I) of that Act.

Adoption and Children Act 2002 (c.38)

  18       In section 51(4)(b) of the Adoption and Children Act 2002 (adoption by one

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person where no other parent) after “1990 (c. 37)” there shall be inserted

“(disregarding subsections (5A) to (5I) of that section)”.

 

 

 
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