Diario de la 1124ª Sesión plenaria del Consejo Permanente
Section 1 of the 1990 Act (meaning of “embryo”, “gamete” and associated expressions) is amended as follows.
For subsection (1) substitute—
In subsection (2), for paragraph (a) substitute—.
For subsection (4) substitute—
After subsection (5) insert—
“nuclear DNA”, in relation to an embryo, includes DNA in the pronucleus of the embryo,
Section 3 of the 1990 Act (prohibitions in connection with embryos) is amended as follows.
For subsection (2) substitute—
In subsection (3)—
at the end of paragraph (b), insert “ or ”, and
omit paragraph (d) and the word “or” immediately before it.
In subsection (4), for “the day when the gametes are mixed” substitute “ the day on which the process of creating the embryo began ”.
After section 3 insert—
The Human Reproductive Cloning Act 2001 (c. 23) (which is superseded by the preceding provisions of this section) ceases to have effect.
In section 4 of the 1990 Act (prohibitions in connection with gametes)—
in subsection (1), omit—
paragraph (c), and
the word “or” immediately before it, and
in subsection (5), after “section 3” insert “ or 4A ”.
After section 4 of the 1990 Act insert—
Schedule 1 contains amendments of Schedule 1 to the 1990 Act (which are about disqualification for appointment to membership of the Authority and the tenure of office of members).
In section 8 of the 1990 Act (general functions of the Authority), renumber the existing provision as subsection (1) of that section.
In that subsection—
omit the word “and” immediately after paragraph (c), and
after that paragraph insert—.
After that subsection, insert—
After section 8 (general functions of the Authority) insert—
After section 8A of the 1990 Act (duty of Authority to communicate with competent authorities of other EEA states) insert—
After section 8D (inserted by section 8 above) insert—
For section 9 (licence committees and other committees) of the 1990 Act substitute—
In section 11 of the 1990 Act (licences for treatment, storage and research), in subsection (1)(b), for “and embryos” substitute “ , embryos or human admixed embryos ”.
Schedule 2 contains amendments of Schedule 2 to the 1990 Act (which relates to the activities for which licences may be granted under the Act).
The Human Fertilisation and Embryology (Research Purposes) Regulations 2001 (S.I. 2001/188) (which are superseded by the amendments made by Schedule 2) cease to have effect.
Section 12 of the 1990 Act (general conditions of licences under that Act) is amended as follows.
In subsection (1)—
in paragraph (c) (condition relating to compliance with Schedule 3 to the Act), omit “or non-medical fertility services”, and
in paragraphs (e) and (f) (which relate to the supply of gametes or embryos), for “or embryos” substitute “ , embryos or human admixed embryos ”.
In subsection (2)—
omit the “and” at the end of paragraph (a), and
at the end of paragraph (b) insert, and
Schedule 3 contains amendments of Schedule 3 to the 1990 Act (which relates to consent to the use or storage of gametes or embryos).
Section 13 of the 1990 Act (conditions of licences for treatment) is amended in accordance with subsections (2) to (4).
In subsection (5)—
omit “, other than basic partner treatment services,”, and
for “a father” substitute “ supportive parenting ”.
For subsection (6) substitute—
After subsection (7) insert—
After Schedule 3 to the 1990 Act insert the Schedule set out in Schedule 4 to this Act (circumstances in which offer of counselling required as condition of licence for treatment).
In any licence under paragraph 1 of Schedule 2 to the 1990 Act (licences for treatment) that is in force immediately before the commencement of subsection (2)(b) of this section, the condition required by virtue of section 13(5) of that Act is to have effect as the condition required by that provision as amended by subsection (2)(b) of this section.
Section 14 of the 1990 Act (conditions of storage licences) is amended as follows.
In subsection (1)—
for “authorising the storage of gametes or embryos” substitute “ authorising the storage of gametes, embryos or human admixed embryos ”,
for paragraph (a) substitute—,
after paragraph (b) insert—, and
in paragraph (c), for “or embryos” substitute “ , embryos or human admixed embryos ”.
In subsection (4), for “five years” substitute “ ten years ”.
After subsection (4) insert—
In subsection (5)—
for “or (4)” substitute “ , (4) or (4A) ”, and
omit “ or, as the case may be, five years ”.
Section 16 of the 1990 Act (grant of licence) is amended as follows.
For subsection (1) substitute—
In subsection (2)—
for “licence committee” substitute “ Authority ” in each place it occurs,
in paragraph (c), after “application” insert “ or a licence under paragraph 3 of that Schedule authorising activities in connection with the derivation from embryos of stem cells that are intended for human application ”,
in paragraph (ca)—
for “or embryos” substitute “ , embryos or human admixed embryos ”, and
after “that Schedule” insert “ authorising activities otherwise than in connection with the derivation from embryos of stem cells that are intended for human application ”, and
in paragraph (d), after “granted” insert “ and any premises which will be relevant third party premises ”.
In subsection (4) for “licence committee” substitute “ Authority ”.
In subsection (5) for “licence committee” substitute “ Authority ”.
Omit subsections (6) and (7) (which concern the power to charge fees).
Section 17 of the 1990 Act (the person responsible) is amended as follows.
In subsection (1)(c)—
for “and embryos” substitute “ , embryos and human admixed embryos ”, and
for “or embryos” substitute “ , embryos or human admixed embryos ”.
Omit subsection (3) (which defines “the nominal licensee”).
For section 18 of the 1990 Act (revocation and variation of licence) substitute—
For section 19 of the 1990 Act (procedure for refusal, variation or revocation of licence) substitute—
After section 19B (inserted by section 19 above) insert—
For sections 20 and 21 of the 1990 Act (appeals to Authority against determinations of licence committees and further appeals) substitute—
Section 24 of the 1990 Act (directions as to particular matters) is amended as follows.
After subsection (3A) insert—
In subsection (4) for “or embryos”, in both places, substitute “ , embryos or human admixed embryos ”.
After subsection (4A) insert—
For subsections (5) to (10) substitute—
In subsection (11), for “3(5)” substitute “ 3(2) ”.
Section 25 of the 1990 Act (code of practice) is amended as follows.
In subsection (2), for “a father” substitute “ supportive parenting ”.
After that subsection insert—
In subsection (6)(a) and (b), for “a licence committee” substitute “ the Authority ”.
For section 31 of the 1990 Act (the Authority's register of information) substitute—
For section 33 of the 1990 Act (restrictions on disclosure of information) substitute—
After section 35 of the 1990 Act insert—
After section 35A of the 1990 Act (as inserted by section 26 above) insert—
Before section 39 of the 1990 Act (but after the heading “Enforcement” immediately before that section) insert—
After Schedule 3A to the 1990 Act insert the Schedule set out in Schedule 5 to this Act (inspection, entry, search and seizure).
Section 39 of the 1990 Act (powers of members and employees of Authority) and section 40 of that Act (power to enter premises) (which are superseded by the amendments made by subsection (2)) cease to have effect.
Section 41 of the 1990 Act (offences) is amended as follows.
In subsection (1)(a), for “4(1)(c)” substitute “ 4A(1) or (2) ”.
In subsection (2)—
after paragraph (a) insert—,
after paragraph (ba) insert—, and
in paragraph (d), for “section 24(7)(a)” substitute “ section 24(5D) ”.
In subsection (4), omit “, other than an offence to which subsection (4B) applies,”.
In subsection (5), for “section 33” substitute “ section 33A ”.
In subsection (7), for “section 10(2)(a)” substitute “ section 19B(3)(a) or 20B(3)(e) ”.
In subsection (8)—
for “or the nominal licensee” substitute “ or the holder of the licence ”, and
for “or embryos” substitute “ , embryos or human admixed embryos ”.
In subsection (9), omit “(6),”.
For subsection (10) substitute—
Omit subsections (2A), (4A), (4B) and (6).
Section 41(2) of the 1990 Act as amended by subsection (3) is to be treated as a relevant enactment for the purposes of section 282 of the Criminal Justice Act 2003 (c. 44) (increase in maximum term that may be imposed on summary conviction of offence triable either way).
Section 45 of the 1990 Act (regulations) is amended as follows.
After subsection (1) insert—
In subsection (2), after “regulations” insert “ under this Act ”.
For subsection (3) substitute—
For subsection (4) substitute—
In subsection (5), after “regulations” insert “ made by the Secretary of State ”.
After section 45 of the 1990 Act (regulations) insert—
After section 45A (inserted by section 31 above) insert—
The woman who is carrying or has carried a child as a result of the placing in her of an embryo or of sperm and eggs, and no other woman, is to be treated as the mother of the child.
Subsection (1) does not apply to any child to the extent that the child is treated by virtue of adoption as not being the woman's child.
Subsection (1) applies whether the woman was in the United Kingdom or elsewhere at the time of the placing in her of the embryo or the sperm and eggs.
Sections 35 to 47 apply, in the case of a child who is being or has been carried by a woman (referred to in those sections as “W”) as a result of the placing in her of an embryo or of sperm and eggs or her artificial insemination, to determine who is to be treated as the other parent of the child.
Subsection (1) has effect subject to the provisions of sections 39, 40 and 46 limiting the purposes for which a person is treated as the child's other parent by virtue of those sections.
If— then, subject to section 38(2) to (4), the other party to the marriage or civil partnership is to be treated as the father of the child unless it is shown that he did not consent to the placing in her of the embryo or the sperm and eggs or to her artificial insemination (as the case may be).
at the time of the placing in her of the embryo or of the sperm and eggs or of her artificial insemination, W was a party to a marriage with a man or a civil partnership with a man, and
the creation of the embryo carried by her was not brought about with the sperm of the other party to the marriage or civil partnership,
This section applies whether W was in the United Kingdom or elsewhere at the time mentioned in subsection (1)(a).
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— then, subject to section 38(2) to (4), the man is to be treated as the father of the child.
the embryo or the sperm and eggs were placed in W, or W was artificially inseminated, in the course of treatment services provided in the United Kingdom by a person to whom a licence applies,
at the time when the embryo or the sperm and eggs were placed in W, or W was artificially inseminated, the agreed fatherhood conditions (as set out in section 37) were satisfied in relation to a man, in relation to treatment provided to W under the licence,
the man remained alive at that time, and
the creation of the embryo carried by W was not brought about with the man's sperm,
The agreed fatherhood conditions referred to in section 36(b) are met in relation to a man (“M”) in relation to treatment provided to W under a licence if, but only if,—
M has given the person responsible a notice stating that he consents to being treated as the father of any child resulting from treatment provided to W under the licence,
W has given the person responsible a notice stating that she consents to M being so treated,
neither M nor W has, since giving notice under paragraph (a) or (b), given the person responsible notice of the withdrawal of M's or W's consent to M being so treated,
W has not, since the giving of the notice under paragraph (b), given the person responsible—
a further notice under that paragraph stating that she consents to another man being treated as the father of any resulting child, or
a notice under section 44(1)(b) stating that she consents to a woman being treated as a parent of any resulting child, and
W and M are not within prohibited degrees of relationship in relation to each other.
A notice under subsection (1)(a), (b) or (c) must be in writing and must be signed by the person giving it.
A notice under subsection (1)(a), (b) or (c) by a person (“S”) who is unable to sign because of illness, injury or physical disability is to be taken to comply with the requirement of subsection (2) as to signature if it is signed at the direction of S, in the presence of S and in the presence of at least one witness who attests the signature.
Where a person is to be treated as the father of the child by virtue of section 35 or 36, no other person is to be treated as the father of the child.
In England and Wales and Northern Ireland, sections 35 and 36 do not affect any presumption, applying by virtue of the rules of common law or section A1(2) of the Legitimacy Act 1976 or section 2(1)(a) of the Family Law Act (Northern Ireland) 2001, that a child is the legitimate child of the parties to a marriage or civil partnership.
In Scotland, sections 35 and 36 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 to a marriage or civil partnership.
Sections 35 and 36 do not apply to any child to the extent that the child is treated by virtue of adoption as not being the man's child.
If— then the man is to be treated for the purpose mentioned in subsection (3) as the father of the child.
the child has been carried by W as a result of the placing in her of an embryo or of sperm and eggs or her artificial insemination,
the creation of the embryo carried by W 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 death but the embryo was placed in W after his death,
the man consented in writing (and did not withdraw the consent)—
to the use of his sperm after his death which brought about the creation of the embryo carried by W or (as the case may be) to the placing in W after his death of the embryo which was brought about using his sperm before his death, and
to being treated for the purpose mentioned in subsection (3) as the father of any resulting child,
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 man to be treated for the purpose mentioned in subsection (3) as the father of the child, and
no-one else is to be treated—
as the father of the child by virtue of section 35 or 36 or by virtue of section 38(2) or (3), or
as a parent of the child by virtue of section 42 or 43 or by virtue of adoption,
Subsection (1) applies whether W was in the United Kingdom or elsewhere at the time of the placing in her of the embryo or of the sperm and eggs or of her artificial insemination.
The purpose referred to in subsection (1) is the purpose of enabling the man's particulars to be entered as the particulars of the child's father in a relevant register of births.
In the application of this section to Scotland, for any reference to a period of 42 days there is substituted a reference to a period of 21 days.
If— then the man is to be treated for the purpose mentioned in subsection (4) as the father of the child.
the child has been carried by W as a result of the placing in her of an embryo,
the embryo was created at a time when W was a party to a marriage with a man or a civil partnership with a man,
the creation of the embryo was not brought about with the sperm of the other party to the marriage or civil partnership,
the other party to the marriage or civil partnership died before the placing of the embryo in W,
the other party to the marriage or civil partnership consented in writing (and did not withdraw the consent)—
to the placing of the embryo in W after his death, and
to being treated for the purpose mentioned in subsection (4) as the father of any resulting child,
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 man to be treated for the purpose mentioned in subsection (4) as the father of the child, and
no-one else is to be treated—
as the father of the child by virtue of section 35 or 36 or by virtue of section 38(2) or (3), or
as a parent of the child by virtue of section 42 or 43 or by virtue of adoption,
If— then the man is to be treated for the purpose mentioned in subsection (4) as the father of the child.
the child has been carried by W as a result of the placing in her of an embryo,
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,
a man consented in writing (and did not withdraw the consent)—
to the placing of the embryo in W after his death, and
to being treated for the purpose mentioned in subsection (4) as the father of any resulting child,
the creation of the embryo was not brought about with the sperm of that man,
the man died before the placing of the embryo in W,
immediately before the man's death, the agreed fatherhood conditions set out in section 37 were met in relation to the man in relation to treatment proposed to be provided to W in the United Kingdom by a person to whom a licence applies,
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 man to be treated for the purpose mentioned in subsection (4) as the father of the child, and
no-one else is to be treated—
as the father of the child by virtue of section 35 or 36 or by virtue of section 38(2) or (3), or
as a parent of the child by virtue of section 42 or 43 or by virtue of adoption,
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.
The purpose referred to in subsections (1) and (2) is the purpose of enabling the man's particulars to be entered as the particulars of the child's father in a relevant register of births.
In the application of this section to Scotland, for any reference to a period of 42 days there is substituted a reference to a period of 21 days.
Where the sperm of a man who had given such consent as is required by paragraph 5 of Schedule 3 to the 1990 Act (consent to use of gametes for purposes of treatment services or non-medical fertility services) was used for a purpose for which such consent was required, he is not to be treated as the father of the child.
Where the sperm of a man, or an embryo the creation of which was brought about with his sperm, was used after his death, he is not, subject to section 39, to be treated as the father of the child.
Subsection (2) applies whether W was in the United Kingdom or elsewhere at the time of the placing in her of the embryo or of the sperm and eggs or of her artificial insemination.
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 with another woman or a marriage with another woman, then subject to section 45(2) to (4), the other party to the civil partnership or marriage is to be treated as a 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).
This section applies whether W was in the United Kingdom or elsewhere at the time mentioned in subsection (1).
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— then, subject to section 45(2) to (4), the other woman is to be treated as a parent of the child.
the embryo or the sperm and eggs were placed in W, or W was artificially inseminated, in the course of treatment services provided in the United Kingdom by a person to whom a licence applies,
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
the other woman remained alive at that time,
The agreed female parenthood conditions referred to in section 43(b) are met in relation to another woman (“P”) in relation to treatment provided to W under a licence if, but only if,—
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,
W has given the person responsible a notice stating that W agrees to P being so treated,
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,
W has not, since the giving of the notice under paragraph (b), given the person responsible—
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
a notice under section 37(1)(b) stating that W consents to a man being treated as the father of any resulting child, and
W and P are not within prohibited degrees of relationship in relation to each other.
A notice under subsection (1)(a), (b) or (c) must be in writing and must be signed by the person giving it.
A notice under subsection (1)(a), (b) or (c) by a person (“S”) who is unable to sign because of illness, injury or physical disability is to be taken to comply with the requirement of subsection (2) as to signature if it is signed at the direction of S, in the presence of S and in the presence of at least one witness who attests the signature.
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.
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 or section A1(2) of the Legitimacy Act 1976 or section 2(1)(a) of the Family Law Act (Northern Ireland) 2001, that a child is the legitimate child of the parties to a marriage or civil partnership.
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 to a marriage or civil partnership.
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.
If— then the other party to the civil partnership or marriage is to be treated for the purpose mentioned in subsection (4) as a parent of the child.
the child has been carried by W as the result of the placing in her of an embryo,
the embryo was created at a time when W was a party to a civil partnership with a woman or a marriage with a woman,
the other party to the civil partnership or marriage died before the placing of the embryo in W,
the other party to the civil partnership or marriage consented in writing (and did not withdraw the consent)—
to the placing of the embryo in W after the death of the other party, and
to being treated for the purpose mentioned in subsection (4) as the parent of any resulting child,
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 or marriage to be treated for the purpose mentioned in subsection (4) as the parent of the child, and
no one else is to be treated—
as the father of the child by virtue of section 35 or 36 or by virtue of section 45(2) or (3), or
as a parent of the child by virtue of section 42 or 43 or by virtue of adoption,
If— then the other woman is to be treated for the purpose mentioned in subsection (4) as a parent of the child.
the child has been carried by W as the result of the placing in her of an embryo,
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,
another woman consented in writing (and did not withdraw the consent)—
to the placing of the embryo in W after the death of the other woman, and
to being treated for the purpose mentioned in subsection (4) as the parent of any resulting child,
the other woman died before the placing of the embryo in W,
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 the United Kingdom by a person to whom a licence applies,
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
no one else is to be treated—
as the father of the child by virtue of section 35 or 36 or by virtue of section 45(2) or (3), or
as a parent of the child by virtue of section 42 or 43 or by virtue of adoption,
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.
The purpose referred to in subsections (1) and (2) is the purpose of enabling the deceased woman's particulars to be entered as the particulars of the child's other parent in a relevant register of births.
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.
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—
by virtue of section 42 or 43, or
by virtue of section 46 (for the purpose mentioned in subsection (4) of that section), or
by virtue of adoption.
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 mother, father or parent (as the case may be) of the child for all purposes.
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.
Where section 39(1) or 40(1) or (2) applies, the deceased man—
is to be treated in law as the father of the child for the purpose mentioned in section 39(3) or 40(4), but
is to be treated in law as not being the father of the child for any other purpose.
Where section 46(1) or (2) applies, the deceased woman—
is to be treated in law as a parent of the child for the purpose mentioned in section 46(4), but
is to be treated in law as not being a parent of the child for any other purpose.
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.
In relation to England and Wales and Northern Ireland, a child who— is the legitimate child of the child's parents.
has a parent by virtue of section 42, or
has a parent by virtue of section 43 who is at any time during the period beginning with the time mentioned in section 43(b) and ending with the time of the child's birth a party to a marriage or civil partnership with the child's mother,
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—
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
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 honour.
In relation to Scotland—
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
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.
The references in sections 35 to 47 to the parties to a marriage at any time there referred to—
are to the parties to a marriage subsisting at that time, unless a judicial separation was then in force, but
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.
In subsection (1)(a) “judicial separation” includes a legal separation obtained in a country outside the British Islands and recognised in the United Kingdom.
The references in sections 35 to 47 to the parties to a civil partnership at any time there referred to—
are to the parties to a civil partnership subsisting at that time, unless a separation order was then in force, but
include the parties to a void civil partnership if either or both of them reasonably believed at that time that the civil partnership 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 civil partnership was valid.
The reference in section 48(6)(b) to a civil partnership includes a reference to a void civil partnership if either or both of the parties reasonably believed at the time when they registered as civil partners of each other that the civil partnership was valid; and for this purpose it is to be presumed, unless the contrary is shown, that one of them reasonably believed at that time that the civil partnership was valid.
In subsection (1)(a), “separation order” means—
a separation order under section 37(1)(d) or 161(1)(d) of the Civil Partnership Act 2004 (c. 33),
a decree of separation under section 120(2) of that Act, or
a legal separation obtained in a country outside the United Kingdom and recognised in the United Kingdom.
For the purposes of this Part a “relevant register of births”, in relation to a birth, is whichever of the following is relevant—
a register of live-births or still-births kept under the Births and Deaths Registration Act 1953 (c. 20),
a register of births or still-births kept under the Registration of Births, Deaths and Marriages (Scotland) Act 1965 (c. 49), or
a register of live-births or still-births kept under the Births and Deaths Registration (Northern Ireland) Order 1976 (S.I. 1976/1041 (N.I. 14)).
The requirement under section 39(1), 40(1) or (2) or 46(1) or (2) 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) is nevertheless to be treated as satisfied if the required election is made after the end of that period but with the consent of the Registrar General under subsection (2).
The Registrar General may at any time consent to the making of an election after the end of the period mentioned in subsection (1) if, on an application made to him in accordance with such requirements as he may specify, he is satisfied that there is a compelling reason for giving his consent to the making of such an election.
In this section “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 Registrar General for Northern Ireland.
Subsections (2) and (3) have effect, subject to subsections (4) and (6), for the interpretation of any enactment, deed or any other instrument or document (whenever passed or made).
Any reference (however expressed) to the father of a child who has a parent by virtue of section 42 or 43 is to be read as a reference to the woman who is a parent of the child by virtue of that section.
Any reference (however expressed) to evidence of paternity is, in relation to a woman who is a parent by virtue of section 42 or 43, to be read as a reference to evidence of parentage.
This section does not affect the interpretation of the enactments specified in subsection (5) (which make express provision for the case where a child has a parent by virtue of section 42 or 43).
Those enactments are—
the Legitimacy Act (Northern Ireland) 1928 (c. 5 (N.I.)),
the Schedule to the Population (Statistics) Act 1938 (c. 12),
the Births and Deaths Registration Act 1953 (c. 20),
the Registration of Births, Deaths and Marriages (Special Provisions) Act 1957 (c. 58),
Part 2 of the Registration of Births, Deaths and Marriages (Scotland) Act 1965 (c. 49),
the Congenital Disabilities (Civil Liability) Act 1976 (c. 28),
the Legitimacy Act 1976 (c. 31),
the Births and Deaths Registration (Northern Ireland) Order 1976 (S.I. 1976/1041 (N.I. 14)),
the British Nationality Act 1981 (c. 61),
the Family Law Reform Act 1987 (c. 42),
Parts 1 and 2 of the Children Act 1989 (c. 41),
Part 1 of the Children (Scotland) Act 1995 (c. 36),
section 1 of the Criminal Law (Consolidation) (Scotland) Act 1995 (c. 39), and
Parts 2, 3 and 14 of the Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I. 2)).
This section does not affect the interpretation of references that fall to be read in accordance with section 1(2)(a) or (b) of the Family Law Reform Act 1987 or Article 155(2)(a) or (b) of the Children (Northern Ireland) Order 1995 (references to a person whose father and mother were, or were not, married to each other at the time of the person's birth).
On an application made by two people (“the applicants”), the court may make an order providing for a child to be treated in law as the child of the applicants if—
the child has been carried by a woman who is not one of the applicants, as a result of the placing in her of an embryo or sperm and eggs or her artificial insemination,
the gametes of at least one of the applicants were used to bring about the creation of the embryo, and
the conditions in subsections (2) to (8A) are satisfied.
The applicants must be—
husband and wife,
civil partners of each other, or
two persons who are living as partners in an enduring family relationship and are not within prohibited degrees of relationship in relation to each other.
Except in a case falling within subsection (11), the applicants must apply for the order during the period of 6 months beginning with the day on which the child is born.
At the time of the application and the making of the order—
the child's home must be with the applicants, and
either or both of the applicants must be domiciled in the United Kingdom or in the Channel Islands or the Isle of Man.
At the time of the making of the order both the applicants must have attained the age of 18.
The court must be satisfied that both— have freely, and with full understanding of what is involved, agreed unconditionally to the making of the order.
the woman who carried the child, and
any other person who is a parent of the child but is not one of the applicants (including any man who is the father by virtue of section 35 or 36 or any woman who is a parent by virtue of section 42 or 43),
Subsection (6) does not require the agreement of a person who cannot be found or is incapable of giving agreement; and the agreement of the woman who carried the child is ineffective for the purpose of that subsection if given by her less than six weeks after the child's birth.
The court must be satisfied that no money or other benefit (other than for expenses reasonably incurred) has been given or received by either of the applicants for or in consideration of— unless authorised by the court.
the making of the order,
any agreement required by subsection (6),
the handing over of the child to the applicants, or
the making of arrangements with a view to the making of the order,
An order relating to the child must not previously have been made under this section or section 54A, unless the order has been quashed or an appeal against the order has been allowed.
For the purposes of an application under this section—
in relation to England and Wales —
“the court” means the High Court or the family court, and
proceedings on the application are to be “family proceedings” for the purposes of the Children Act 1989,
in relation to Scotland, “the court” means the Court of Session or the sheriff court of the sheriffdom within which the child is, and
in relation to Northern Ireland, “the court” means the High Court or any county court ....
Subsection (1)(a) applies whether the woman was in the United Kingdom or elsewhere at the time of the placing in her of the embryo or the sperm and eggs or her artificial insemination.
An application which— may be made within the period of six months beginning with the day on which this section comes into force.
relates to a child born before the coming into force of this section, and
is made by two persons who, throughout the period applicable under subsection (2) of section 30 of the 1990 Act, were not eligible to apply for an order under that section in relation to the child as husband and wife,
On an application made by one person (“the applicant”), the court may make an order providing for a child to be treated in law as the child of the applicant if—
the child has been carried by a woman who is not the applicant, as a result of the placing in her of an embryo or sperm and eggs or her artificial insemination,
the gametes of the applicant were used to bring about the creation of the embryo, and
the conditions in subsections (2) to (8) are satisfied.
Except in a case falling within subsection (11), the applicant must apply for the order within the period of 6 months beginning with the day on which the child is born.
At the time of the application and the making of the order—
the child’s home must be with the applicant, and
the applicant must be domiciled in the United Kingdom or in the Channel Islands or the Isle of Man.
At the time of the making of the order the applicant must have attained the age of 18.
The court must be satisfied that both— have freely, and with full understanding of what is involved, agreed unconditionally to the making of the order.
the woman who carried the child, and
any other person who is a parent of the child but is not the applicant (including any man who is the father by virtue of section 35 or 36 or any woman who is a parent by virtue of section 42 or 43),
Subsection (5) does not require the agreement of a person who cannot be found or is incapable of giving agreement; and the agreement of the woman who carried the child is ineffective for the purpose of that subsection if given by her less than six weeks after the child’s birth.
The court must be satisfied that no money or other benefit (other than for expenses reasonably incurred) has been given or received by the applicant for or in consideration of— unless authorised by the court.
the making of the order,
any agreement required by subsection (5),
the handing over of the child to the applicant, or
the making of arrangements with a view to the making of the order,
An order relating to the child must not previously have been made under section 54 or this section, unless the order has been quashed or an appeal against the order has been allowed.
Section 54(9) applies for the purposes of an application under this section.
Subsection (1)(a) applies whether the woman was in the United Kingdom or elsewhere at the time of the placing in her of the embryo or the sperm and eggs or her artificial insemination.
An application which relates to a child born before the coming into force of this section may be made within the period of six months beginning with the day on which this section comes into force.
The Secretary of State may by regulations provide—
for any provision of the enactments about adoption to have effect, with such modifications (if any) as may be specified in the regulations, in relation to orders under section 54 or 54A, and applications for such orders, as it has effect in relation to adoption, and applications for adoption orders, and
for references in any enactment to adoption, an adopted child or an adoptive relationship to be read (respectively) as references to the effect of an order under section 54 or 54A, a child to whom such an order applies and a relationship arising by virtue of the enactments about adoption, as applied by the regulations, and for similar expressions in connection with adoption to be read accordingly.
The regulations may include such incidental or supplemental provision as appears to the Secretary of State to be necessary or desirable in consequence of any provision made by virtue of subsection (1)(a) or (b).
In this section “the enactments about adoption” means—
the Adoption (Scotland) Act 1978 (c. 28),
the Adoption and Children Act 2002 (c. 38),
the Adoption and Children (Scotland) Act 2007 (asp 4), and
the Adoption (Northern Ireland) Order 1987 (S.I. 1987/2203 (N.I. 22)).
Schedule 6 contains amendments related to the provisions of this Part.
Sections 33 to 48 have effect only in relation to children carried by women as a result of the placing in them of embryos or of sperm and eggs, or their artificial insemination (as the case may be), after the commencement of those sections.
Sections 27 to 29 of the 1990 Act (which relate to status) do not have effect in relation to children carried by women as a result of the placing in them of embryos or of sperm and eggs, or their artificial insemination (as the case may be), after the commencement of sections 33 to 48.
Section 30 of the 1990 Act (parental orders in favour of gamete donors) ceases to have effect.
Subsection (3) does not affect the validity of any order made under section 30 of the 1990 Act before the coming into force of that subsection.
In this Part “enactment” means an enactment contained in, or in an instrument made under—
an Act of Parliament,
an Act of the Scottish Parliament,
a Measure or Act of the National Assembly for Wales, or
Northern Ireland legislation.
For the purposes of this Part, two persons are within prohibited degrees of relationship if one is the other's parent, grandparent, sister, brother, aunt or uncle; and in this subsection references to relationships— but do not include any other adoptive relationships.
are to relationships of the full blood or half blood or, in the case of an adopted person, such of those relationships as would subsist but for adoption, and
include the relationship of a child with his adoptive, or former adoptive, parents,
Other expressions used in this Part and in the 1990 Act have the same meaning in this Part as in that Act.
The Surrogacy Arrangements Act 1985 (c. 49) is amended as follows.
In section 1 (meaning of various terms), after subsection (7) insert—
In section 2 (negotiating surrogacy arrangements on a commercial basis), in subsection (1)—
in paragraph (a) omit “or take part in”, and
after paragraph (a) insert—.
After subsection (2) insert—
After subsection (5) of that section insert—
After subsection (8) of that section insert—
In section 3 (advertisements about surrogacy), after subsection (1) insert—
Section 106 of the Environmental Protection Act 1990 (c. 43) (meaning of “genetically modified organisms” etc.) is amended as follows.
In subsection (2), for “or human embryos” substitute “ , human embryos or human admixed embryos ”.
After subsection (3) insert—
Any power of the Secretary of State to make an order or regulations under this Act is exercisable by statutory instrument.
Any power of the Secretary of State to make an order or regulations under this Act may be exercised—
either in relation to all cases to which the power extends, or in relation to those cases subject to specified exceptions, or in relation to any specified cases or classes of case, and
so as to make, as respects the cases in relation to which it is exercised—
the full provision to which the power extends or any less provision (whether by way of exception or otherwise);
the same provision for all cases in relation to which the power is exercised, or different provision as respects the same case or class of case for different purposes;
any such provision either unconditionally, or subject to any specified condition.
Any power of the Secretary of State to make an order or regulations under this Act includes power to make such transitional, saving, incidental or supplemental provision as the Secretary of State considers appropriate.
Orders made by the Secretary of State under this Act are subject to annulment in pursuance of a resolution of either House of Parliament.
Subsection (1) does not apply to—
an order to which subsection (3) applies, or
an order under section 68 (commencement).
No order under section 64 (power to make consequential and transitional provision etc.) which includes provision made by virtue of subsection (2) of that section may be made unless a draft of the order has been laid before, and approved by a resolution of, each House of Parliament.
No regulations under section 55 (parental orders: supplementary provision) may be made unless a draft of the regulations has been laid before, and approved by a resolution of, each House of Parliament.
In this Act, “the 1990 Act” means the Human Fertilisation and Embryology Act 1990 (c. 37).
The Secretary of State may by order make— that the Secretary of State considers necessary or expedient for the purposes of, in consequence of, or for giving full effect to, any provision of this Act.
any supplementary, incidental or consequential provision, and
any transitional or saving provision,
An order under this section may modify—
any enactment passed or made before the passing of this Act, and
any enactment passed or made before the end of the Session in which this Act is passed.
An order under this section which modifies an enactment in consequence of any provision of Part 2 may modify subsection (5) of section 53 (interpretation of references to father etc.).
An order under this section may provide for any provision of this Act which comes into force before any other provision comes into force to have effect, until that other provision has come into force, with specified modifications.
Before making an order under this section containing provision which would, if included in an Act of the Scottish Parliament, be within the legislative competence of that Parliament, the Secretary of State must consult the Scottish Ministers.
Before making an order under this section containing provision which would be within the legislative competence of the National Assembly for Wales if it were included in an Act of the Assembly, the Secretary of State must consult the Welsh Ministers.
Before making an order under this section containing provision which would, if included in an Act of the Northern Ireland Assembly, be within the legislative competence of that Assembly, the Secretary of State must consult the Department of Health, Social Services and Public Safety.
Nothing in this section limits the power under section 61 to include transitional or saving provision in a commencement order under section 68(2).
The modifications that may be made by virtue of subsection (2) are in addition to those that are made by any other provision of this Act.
In this section—
an Act of Parliament,
In section 25 of the Family Law Reform Act 1969 (interpretation of Part 3), in the definition of “excluded”—
for “and to” substitute “, to”, and
after “1990” insert “and to sections 33 to 47 of the Human Fertilisation and Embryology Act 2008”.
In Article 13 of the Family Law Reform (Northern Ireland) Order 1977 (interpretation of Part 3), in the definition of “excluded”, after “1990” insert “and to sections 33 to 47 of the Human Fertilisation and Embryology Act 2008”.
In Article 2 of the Children (Northern Ireland) Order 1995, in paragraph (2), in the definition of “parental responsibility agreement”, for “Article 7(1)(b)” substitute “Article 7(1ZB)”.
After section 84 of the Adults with Incapacity (Scotland) Act 2000 insert—
an Act of the Scottish Parliament,
Article 5 of the Children (Northern Ireland) Order 1995 (parental responsibility for children) is amended as follows. After paragraph (1) insert— After paragraph (2) insert—
After paragraph 11 (as inserted by paragraph 12 above) insert—
In section 110(1) of the Children and Young Persons (Scotland) Act 1937 (interpretation), in the definition of “parental responsibilities”—
the words from “a father” to the end become paragraph (a), and
after that paragraph insert—
In Article 2 of the Family Homes and Domestic Violence (Northern Ireland) Order 1998 (interpretation), in paragraph (3), for sub-paragraph (f) substitute—.
In section 57 of the Criminal Justice and Police Act 2001 (retention of seized items), in subsection (1)(k), for “section 40(4) of” substitute “paragraph 7(4) of Schedule 3B to”.
In section 2 of the 1990 Act (other terms)—
in subsection (1), in the definition of “store”, for “or embryos” substitute “, embryos or human admixed embryos”, and
in subsection (2), for “or gametes” substitute “, gametes or human admixed embryos”.
In section 66 of the Criminal Justice and Police Act 2001 (general interpretation of Part 2)—
in subsection (4), after paragraph (j) insert—, and
in subsection (5), omit paragraph (g).
In section 7 of the 1990 Act (reports to Secretary of State) for subsection (1) substitute—
In Schedule 1 to the Criminal Justice and Police Act 2001 (powers of seizure) for paragraph 52 substitute—
Omit section 10 of the 1990 Act (licensing procedure).
In section 13A of the 1990 Act (conditions of licences for non-medical fertility services), omit subsection (4).
In section 14A of the 1990 Act (conditions of licences: human application), in subsection (1)—
omit the “and” at the end of paragraph (a), and
at the end of paragraph (b) insert, and
In section 15 of the 1990 Act (conditions of research licences) after subsection (4) insert—
Omit section 22 of the 1990 Act (temporary suspension of licence).
In section 23 of the 1990 Act (directions: general)—
in subsection (5), for paragraph (a) substitute—, and
omit subsection (6).
Section 31A of the 1990 Act (the Authority’s register of licences) is amended as follows. In subsection (1)— In subsection (2)(c), for “, if applicable, the nominal licensee” substitute “the name of the holder of the licence (if different)”.
In section 32 of the 1990 Act (information to be provided to Registrar General), in subsection (3), for “33” substitute “33A”.
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)”.
In section 47 of the 1990 Act (index)—
in the first column, after “embryo” insert “(except in section 4A or in the term “human admixed embryo”)”,
in the first column, after “gametes, eggs or sperm”, insert “(except in section 4A)”,
in the first column, in the entry relating to “store”, after “embryos” insert “, human admixed embryos”,
Appeals committee Section 20A(2) Human admixed embryo Section 4A(6) Nuclear DNA (in relation to an embryo) Section 2(1)
omit the entries relating to “licence committee” and “nominal licensee”.
In section 48 of the 1990 Act (application to Northern Ireland) for “sections 33(6)(h) and” substitute “sections 33A(2)(r) and”.
In Schedule 1 to the 1990 Act (the Authority: supplementary provision)—
in paragraph 9(1), for “The” substitute “Subject to any provision of this Act, the”,
in paragraph 10(3), omit “or any licence committee”, and
after paragraph 14, insert—
Article 7 of the Children (Northern Ireland) Order 1995 (acquisition of parental responsibility) is amended as follows. In paragraph (1)(b), omit “(a “parental responsibility agreement”)”. After paragraph (1) insert— After paragraph (2) insert— In paragraph (3), omit the words from “and “registered”” to the end. In paragraph (3A), after “paragraph (1)” insert “, (1ZA)”. In paragraph (4)—
a Measure of the National Assembly for Wales, or
Article 15 of the Adoption (Northern Ireland) Order 1987 (adoption by one person) is amended as follows. In paragraph (3)(a), for the words from “or, by virtue of” to “other parent” substitute “or, by virtue of the provisions specified in paragraph (3A), there is no other parent”. After paragraph (3) insert—
In section 30 of the Mental Capacity Act 2005 (research), after subsection (3) insert—
In Article 8 of the Children (Northern Ireland) Order 1995 (residence, contact and other orders with respect to children), in paragraph (4), for sub-paragraph (g) substitute—.
Article 12 of the Children (Northern Ireland) Order 1995 (residence orders and parental responsibility) is amended as follows. After paragraph (1) insert— In paragraph (4)—
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 as follows. In paragraph (3), after sub-paragraph (b) insert—. After paragraph (4) insert—
In Article 179 of the Children (Northern Ireland) Order 1995 (effect and duration of orders etc), in paragraph (7), after “7(1)” insert “, (1ZA)”.
Schedule 1 to the Children (Northern Ireland) Order 1995 (financial provision for children) is amended as follows. 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 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. 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 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.
Paragraph 1 of Schedule 6 to the Children (Northern Ireland) Order 1995 (succession on intestacy where parents not married to each other) is amended as follows. 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 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. In sub-paragraph (3) for “section 19(1) of that Act” substitute “section 19(1) of the Administration of Estates Act (Northern Ireland) 1955”.
“enactment” means an enactment contained in, or in an instrument made under—
an Act of Parliament,
“modify” includes amend, add to, revoke or repeal, and references to “modifications” are to be read accordingly;
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—
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
For section 18ZA of the Registration of Births, Deaths and Marriages (Scotland) Act 1965 substitute—
After section 18A of the Registration of Births, Deaths and Marriages (Scotland) Act 1965 insert—
In section 20 of the Registration of Births, Deaths and Marriages (Scotland) Act 1965—
after subsection (1)(c) insert, or, and
in subsection (1B)—
after “(c)” insert “or (d)”,
after “paternity” insert “or parentage”, and
after “18” insert “or 18B”.
Schedule 7 contains minor and consequential amendments.
Schedule 8 contains repeals and revocations.
Subject to the following provisions, this Act extends to England and Wales, Scotland and Northern Ireland.
Any amendment or repeal made by this Act has the same extent as the enactment to which it relates (ignoring extent by virtue of an Order in Council).
Subsection (2) is subject to paragraph 1(2) of Schedule 6.
Her Majesty may by Order in Council provide for any of the provisions of this Act to extend, with or without modifications, to the Bailiwick of Guernsey.
Subsection (4) does not authorise the extension to the Bailiwick of Guernsey of a provision of this Act so far as the provision amends an enactment that does not itself extend there and is not itself capable of being extended there in exercise of a power conferred on Her Majesty in Council.
Subsection (4) does not apply in relation to the extension to the Bailiwick of Guernsey of a provision which extends there by virtue of subsection (2).
Subsection (3) of section 61 applies to the power to make an Order in Council under this section as it applies to any power of the Secretary of State to make an order under this Act, but as if the references in that subsection to the Secretary of State were references to Her Majesty in Council.
The following provisions of this Act come into force on the day on which this Act is passed— sections 61 to 64; section 67, this section and section 69.
The remaining provisions of this Act come into force in accordance with provision made by the Secretary of State by order.
This Act may be cited as the Human Fertilisation and Embryology Act 2008.
Section 5
Schedule 1 to the 1990 Act (supplementary provision about Authority) is amended as follows.
After paragraph 4 (appointment of members) insert—
In paragraph 5—
after sub-paragraph (4), insert—, and
in sub-paragraph (5)—
omit paragraph (b) and the word “or” immediately after it,
in paragraph (c) for “functions of a member” substitute “ person's functions as chairman, deputy chairman or other member ”, and
in the full-out words, for the words from “declare” to the end substitute “ remove the member from office as chairman, deputy chairman or other member ”.
Section 11
Schedule 2 to the 1990 Act (activities for which licences may be granted) is amended as follows.
In paragraph 2 (licences for storage)—
after sub-paragraph (1) insert—, and
in sub-paragraph (2), after “such storage” insert “ as is mentioned in sub-paragraph (1) or (1A) ”.
Section 2 of the Children Act 1989 (parental responsibility for children) is amended as follows. After subsection (1) insert— After subsection (2) insert—
After section 4 of the Children Act 1989 insert—
Section 12 of the Children Act 1989 (residence orders and parental responsibility) is amended as follows. After subsection (1) insert— In subsection (4)—
In section 91 of the Children Act 1989 (effect and duration of orders)—
in subsection (7), after “4(1),” insert “4ZA(1),”, and
in subsection (8)(a), after “4” insert “, 4ZA”.
In section 104 of the Children Act 1989 (regulations and orders)—
in subsection (2), after “4(1B),” insert “4ZA(3),”, and
in subsection (3), after “4(1B)” insert “, 4ZA(3)”.
In section 105 of the Children Act 1989 (interpretation), in subsection (1), in the definition of “parental responsibility agreement”, after “sections 4(1)” insert “, 4ZA(4)”.
Schedule 1 to the Children Act 1989 (financial provision for children) is amended as follows. 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 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. 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 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.
Northern Ireland legislation;
Paragraph 1 (licences for treatment) is amended as follows. In sub-paragraph (1)— For sub-paragraph (4) substitute— After sub-paragraph (4) insert— At the end insert—
For paragraph 3 substitute—
After paragraph 1 insert—
In section 1 of the Human Tissue Act 2004 (authorisation of activities for scheduled purposes)—
after subsection (9) insert—, and
after subsection (10) insert—
In section 14 of the Human Tissue Act 2004 (remit of the Human Tissue Authority), after subsection (2) insert—
In section 54 of the Human Tissue Act 2004 (general interpretation), for subsection (6), substitute—
In paragraph 1A (licences for non-medical fertility services) after sub-paragraph (1) insert—
Paragraph 2 (terms etc. of consent) is amended as follows. In sub-paragraph (1), for the “or” at the end of paragraph (b) substitute—. After sub-paragraph (1) insert— For sub-paragraph (2) substitute— For sub-paragraph (4) substitute—
In section 4 of the Congenital Disabilities (Civil Liability) Act 1976 (interpretation), in subsection (2), for “section 1 of the Human Fertilisation 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”.
Section 13
Schedule 3 to the 1990 Act (giving of consent to use or storage of gametes or embryos) is amended as follows.
Paragraph 7 (embryos obtained by lavage etc.) is amended as follows. In sub-paragraph (3), for “This paragraph does” substitute “ Sub-paragraphs (1) and (2) do ”. After sub-paragraph (3) insert—
After paragraph 14 (as inserted by paragraph 13 above) insert—
After paragraph 4 insert—
In the Schedule to the Population (Statistics) Act 1938 (particulars which may be required), in paragraph 1 (which relates to the registration of a birth)— Sub-paragraph (1)(b)(ii) does not extend to Scotland.
In section 1 of the Congenital Disabilities (Civil Liability) Act 1976 (civil liability to child born disabled), after subsection (4) insert—
In Schedule 1 to the Supreme Court Act 1981 (distribution of business in High Court), in paragraph 3(f), for sub-paragraph (iv) substitute—.
Section 1 of the Family Law Reform Act 1987 (general principle) is amended as follows. In subsection (3) (children whose father and mother are to be taken to have been married to each other at the time of the child’s birth) after paragraph (b) insert—. After subsection (4) insert—
In the title to that Schedule, for “OF GAMETES OR EMBRYOS”, substitute “ OR STORAGE OF GAMETES, EMBRYOS OR HUMAN ADMIXED EMBRYOS ETC ”.
In section 4 of the Congenital Disabilities (Civil Liability) Act 1976 (interpretation and other supplementary provisions), at the end of subsection (4A) insert “or sections 33 to 47 of the Human Fertilisation and Embryology Act 2008.”
Section 18 of the Family Law Reform Act 1987 (succession on intestacy) is amended as follows. After subsection (2) insert— In subsection (3), for “section 50(1) of that Act” substitute “section 50(1) of the Administration of Estates Act 1925”.
For paragraph 1 substitute—
Paragraph 4 (variation and withdrawal of consent) is amended as follows. In sub-paragraph (1), for “or embryo” substitute “ , human cells, embryo or human admixed embryo ”. In sub-paragraph (2)— After sub-paragraph (2) insert—
Paragraph 6 (in vitro fertilisation and subsequent use of embryo) is amended as follows. In sub-paragraph (1)— In sub-paragraph (2)— In sub-paragraph (3), for the words from “person” to “creation of” substitute “ relevant person in relation to ”. After sub-paragraph (3) insert—
After section 2 of the Legitimacy Act 1976 (legitimation by subsequent marriage of parents) insert—
In section 63 of the Family Law Act 1996 (definition of family proceedings), in subsection (2), for paragraph (h) substitute—.
In section 27 of the Mental Capacity Act 2005 (family relationships), in subsection (1), after paragraph (h) insert—
Section 1 of the Legitimacy Act (Northern Ireland) 1928 (legitimation by subsequent marriage of parents) is amended as follows. In the heading, after “marriage” insert “or civil partnership”. After subsection (1) insert—
In section 3 of the Legitimacy Act 1976 (legitimation by extraneous law), renumber the existing provision as subsection (1) of the section and at the end insert—
Section 8 of the Legitimacy Act (Northern Ireland) 1928 (provisions as to persons legitimated by extraneous law) is amended as follows. After subsection (1) insert—
In section 9 of the Legitimacy Act 1976 (re-registration of birth of legitimated persons)—
in subsection (1), after “marriage” insert “or of the formation of the civil partnership”, and
in subsection (3), after “marriage” insert “or civil partnership”.
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”.
In section 10 of the Legitimacy Act 1976 (interpretation), in the definition of “legitimated person”, in paragraph (a), after “section 2” insert “, 2A”.
“the Assembly Act provisions” has the meaning given by section 103(8) of the Government of Wales Act 2006 (c. 32).
Paragraph 8 (storage of gametes and embryos) is amended as follows. In sub-paragraph (2), for the words from “person” to “creation of” substitute “ relevant person in relation to ”. After sub-paragraph (2) insert— After sub-paragraph (3) insert—
After paragraph 21 (as inserted by paragraph 14 above) insert—
In paragraph 3 (procedure for giving consent), in sub-paragraph (2), after “paragraph 4” insert “ and, if relevant, paragraph 4A ”.
In paragraph 5 (use of gametes for treatment of others), in sub-paragraph (1), after “treatment services” insert “ or non-medical fertility services ”.
After paragraph 8 insert—
Section 14
Section 28
Section 56
In section 1 of the Births and Deaths Registration Act 1953 (particulars of births to be registered) after subsection (2) insert—
In section 50 of the British Nationality Act 1981 (interpretation) in subsection (9A) (a child’s father) for paragraphs (b) and (c) substitute—
In section 26 of the Child Support Act 1991 (disputes about parentage), in subsection (2), for Cases B and B1 substitute—
Section 51 of the Adoption and Children Act 2002 (adoption by one person) is amended as follows. In subsection (4), for paragraph (b) substitute—. After subsection (4) insert—
In section 1(1) of the Children (Scotland) Act 1995 (parental responsibilities), after “3(1)(b)” insert “, and (d)”.
In section 2 of the Births and Deaths Registration Act 1953 (information concerning birth to be given to registrar within 42 days), renumber the existing provision as subsection (1) of the section and at the end insert—
In section 2(1) of the Children (Scotland) Act 1995 (parental rights), after “3(1)(b)” insert “, and (d)”.
In section 9(4) of the Births and Deaths Registration Act 1953 (giving of information to a person other than the registrar), after “that section,” insert “or under paragraph (b), (c) or (d) of subsection (1B) of that section,”.
Section 3 of the Children (Scotland) Act 1995 (provisions relating both to parental responsibilities and parental rights) is amended as follows. After subsection (1)(b), insert— After subsection (3), insert— In subsection (5), for “section 4(1)” substitute “sections 4(1) and 4A(1)”.
Section 10 of the Births and Deaths Registration Act 1953 (registration of father where parents not married) is amended as follows. For the heading to the section substitute “Registration of father where parents not married or of second female parent where parents not civil partners”. After subsection (1A) insert— After subsection (2) insert—
After section 4 of the Children (Scotland) Act 1995 insert—
Section 11 of the Children (Scotland) Act 1995 (court orders relating to parental responsibilities) is amended as follows. In subsection (4)(c)— In subsection (11), after “4(2)” insert “or 4A(2)”.
For section 10ZA of the Births and Deaths Registration Act 1953 substitute—
In section 12(4)(b) of the Children (Scotland) Act 1995 (meaning of “child of the family” in civil partnership cases)—
the words from “who” to the end become sub-paragraph (i), and
after that sub-paragraph insert; or
Section 10A of the Births and Deaths Registration Act 1953 (re-registration where parents not married) is amended as follows. For the heading to the section substitute “Re-registration where parents neither married nor civil partners”. In subsection (1)— After subsection (1A) insert— In subsection (2), for paragraphs (b) to (c) substitute—.
In section 15(1) of the Children (Scotland) Act 1995 (interpretation of Part 1), in the definition of “parent”—
after “1990” insert “and Part 2 of the Human Fertilisation and Embryology Act 2008”, and
for “subsection (9) of the said section 30” substitute “section 55(1) of that Act of 2008”.
In section 13 of the Births and Deaths Registration Act 1953 (registration of name of child or alteration of name) after subsection (1) insert—
Section 14 of the Births and Deaths Registration Act 1953 (re-registration of births of legitimated persons) is amended as follows. In subsection (1), in the proviso— In subsection (2)—
Section 29A of the Births and Deaths Registration Act 1953 (alternative procedure for certain corrections) is amended as follows. In subsection (1) for the words from “the father” to the end substitute— In subsection (3), after “not the father” insert “or, as the case may be, that the person shown as a parent was not such a parent by virtue of 42, 43 or 46(1) or (2) of the Human Fertilisation and Embryology Act 2008”.
Section 3A of the Births, Deaths and Marriages (Special Provisions) Act 1957 (alternative procedure for certain corrections) is amended as follows. In subsection (1) for the words from “the father” to the end substitute — In subsection (3), after “not the father” insert “or, as the case may be, that the person shown as a parent was not such a parent by virtue of 42, 43 or 46(1) or (2) of the Human Fertilisation and Embryology Act 2008”.
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”.
Section 30 of the Adoption and Children (Scotland) Act 2007 (adoption by one person) is amended as follows. In subsection (7), for paragraph (c) substitute—. After subsection (7) insert—
At the end of section 5 of the Registration of Births, Deaths and Marriages (Special Provisions) Act 1957 (registration of births of legitimated persons in the service departments registers) insert—
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;”.
In section 65 of the Magistrates' Courts Act 1980 (meaning of family proceedings), in subsection (1), for paragraph (na) substitute—.
In section 56 of the Family Law Act 1986 (declarations of parentage, legitimacy or legitimation), in subsection (5)(a), after “section 2” insert “, 2A”.
Section 32 of the 1990 Act (information to be provided to Registrar General) is amended as follows. In subsection (1)— 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”. After subsection (2) insert—
In Schedule 2 to the Access to Justice Act 1999 (community legal services: excluded services), in paragraph 2(3), for paragraph (f) substitute—.
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”.
Section 35 of the 1990 Act (disclosure of information in the interests of justice: congenital disabilities etc.) is amended as follows. In subsections (1) and (2), for “sections 27 to 29 of this Act” substitute “the relevant statutory provisions”. After subsection (2) insert—
Article 10 of the Births and Deaths Registration (Northern Ireland) Order 1976 (registration of births) is amended as follows. In paragraph (4) for “Article 14” substitute “Articles 14 and 14ZA”. After paragraph (4) insert—
In Article 27 of the Child Support (Northern Ireland) Order 1991 (disputes about parentage), in paragraph (2), for Cases B and B1 substitute—
After Article 14 of the Births and Deaths Registration (Northern Ireland) Order 1976 insert—
For Article 14A of the Births and Deaths Registration (Northern Ireland) Order 1976 substitute—
Article 18 of the Births and Deaths Registration (Northern Ireland) Order 1976 (re-registration of births) is amended as follows. In paragraph (1)— 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)”.
Article 19 of the Births and Deaths Registration (Northern Ireland) Order 1976 (re-registration of births of legitimated persons) is amended as follows. In paragraph (3)— In paragraph (4), after “marriage” insert “or the formation of the civil partnership”. In paragraph (5)—
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)”.
In Article 37 of the Births and Deaths Registration (Northern Ireland) Order 1976 (registration or alteration of child’s name), in paragraph (7)—
after sub-paragraph (a) insert—, and
for sub-paragraph (b) substitute—.
Section 65
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—
an Act of the Scottish Parliament,
In section 15 of the Children (Scotland) Act 1995 (interpretation of Part 1), after subsection (6) insert—
Section 66
Short title and chapter Extent of repeal Surrogacy Arrangements Act 1985 (c. 49) In section 2(1)(a), the words “or take part in”. Human Fertilisation and Embryology Act 1990 (c. 37) In section 3(3), paragraph (d) and the word “or” immediately before it. In section 4(1), paragraph (c) and the word “or” immediately before it. In section 8(1), the word “and” immediately after paragraph (c). Section 10. In section 12— in subsection (1)(c), the words “or non-medical fertility services”, and in subsection (2), the word “and” at the end of paragraph (a). In section 13(5), the words “, other than basic partner treatment services,”. Section 13A(4). In section 14(5), the words “or, as the case may be, five years”. In section 14A(1), the word “and” at the end of paragraph (a). Section 16(6) and (7). Section 17(3). Section 22. Section 23(6). Section 30. In section 31A(1), the word “and” at the end of paragraph (a). Sections 39 and 40. In section 41— subsection (2A), in subsection (4), the words “, other than an offence to which subsection (4B) applies,”, subsections (4A), (4B) and (6), and in subsection (9), the words “(6),”. In section 47, in the index, the entries relating to “licence committee” and “nominal licensee”. In Schedule 1— in paragraph 5(5), paragraph (b) and the word “or” immediately after paragraph (b), and in paragraph 10(3), the words “or any licence committee”. In Schedule 2, in paragraph 1(1)(d), the words from “or” onwards. Human Fertilisation and Embryology (Disclosure of Information) Act 1992 (c. 54) The whole Act. Criminal Justice and Police Act 2001 (c. 16) Section 66(5)(g). In Schedule 2, paragraph 16(2)(e). Human Reproductive Cloning Act 2001 (c. 23) The whole Act. Family Law Act (Northern Ireland) 2001 (c. 12 (N.I.)) Section 1(4). Human Fertilisation and Embryology (Deceased Fathers) Act 2003 (c. 24) In the Schedule, paragraphs 3, 5, 7, 9, 10, 12 and 18.
Title Extent of revocation Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I. 2)) In Article 7— in paragraph (1)(b), the words “(a “parental responsibility agreement”)”, and in paragraph (3), the words from “and “registered”” to the end. Human Fertilisation and Embryology (Research Purposes) Regulations 2001 (S.I. 2001/188) The whole instrument.