Statement by H.E. Andrei Galbur, Deputy Minister, Minister for Foreign Affairs
After section 28(5) of the Human Fertilisation and Embryology Act 1990 (c. 37) (meaning of “father”) there shall be inserted—
After section 29(3) of the Act of 1990 (effect of sections 27 and 28) there shall be inserted—
The Schedule (which contains consequential amendments) shall have effect.
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This Act shall (in addition to any case where the sperm or embryo is used on or after the coming into force of section 1) apply to any case where the sperm of a man, or any embryo the creation of which was brought about with the sperm of a man, was used on or after 1st August 1991 and before the coming into force of that section.
Where the child concerned was born before the coming into force of section 1 of this Act, section 28(5A) or (as the case may be) (5B) of the Human Fertilisation and Embryology Act 1990 (c. 37) shall have effect as if for paragraph (e) there were substituted—.
Where the child concerned was born before the coming into force of section 1 of this Act, section 28(5C) of the Act of 1990 shall have effect as if for paragraph (f) there were substituted—.
Where the child concerned was born before the coming into force of section 1 of this Act, section 28(5D) of the Act of 1990 shall have effect as if for paragraph (f) there were substituted—.
Where the child concerned was born before the coming into force of section 1 of this Act, section 28 of the Act of 1990 shall have effect as if—
subsection (5E) were omitted; and
in subsection (5F) for the words from “(which requires” to “that day)” there were substituted “ (which requires an election to be made not later than the end of a period of six months) ”.
Where the man who might be treated as the father of the child died before the passing of this Act—
subsections (5A) and (5B) of section 28 of the Act of 1990 shall have effect as if paragraph (d) of each subsection were omitted;
subsections (5C) and (5D) of that section of that Act shall have effect as if paragraph (e) of each subsection were omitted; and
sections 10ZA(3)(a) of the Births and Deaths Registration Act 1953 (c. 20) and 18ZA(3)(a) of the Registration of Births, Deaths and Marriages (Scotland) Act 1965 (c. 49), and Article 14A(3)(a) of the Births and Deaths Registration (Northern Ireland) Order 1976 (S.I. 1976/1041 (N.I.14)), shall have effect as if the words “consent in writing and” were omitted.
Section 15(3)(a) of the Adoption Act 1976 (c. 36) (adoption by one person where no other parent) shall have effect as if after “1990” there were inserted “ (disregarding subsections (5A) to (5I) of that section) ”.
Subsection (7) shall cease to apply when, and to the extent that, the repeal of section 15(3)(a) of the Act of 1976 by the Adoption and Children Act 2002 (c. 38) comes into force.
This Act may be cited as the Human Fertilisation and Embryology (Deceased Fathers) Act 2003.
This Act (apart from this section) shall come into force on such day as the Secretary of State may by order appoint; and different days may be appointed for different purposes.
An order under subsection (2)—
shall be made by statutory instrument; and
may make such transitory, transitional or saving provision as the Secretary of State considers appropriate.
Any amendment by the Schedule of an enactment has the same extent as the enactment amended.
Subject to that, this Act extends to England and Wales, Scotland and Northern Ireland.
Section 2(1)
After section 9(4) of the Births and Deaths Registration Act 1953 (giving of information to a person other than the registrar) there shall be inserted—
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In section 10(1) of that Act (registration of father where parents not married at time of birth) after “Act”, where it first appears, there shall be inserted “ and subject to section 10ZA of this Act ”.
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After “or” at the end of section 10A(1)(f) of that Act (re-registration where parents not married) there shall be inserted—.
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In section 28 of the Human Fertilisation and Embryology Act 1990, in subsection (1) (children to whom section 28 applies), at the beginning, there shall be inserted “ Subject to subsections (5A) to (5I) below, ”.
In section 18 of the Registration of Births, Deaths and Marriages (Scotland) Act 1965 (births of children born out of wedlock) in subsection (1) at the beginning there shall be inserted “ Subject to section 18ZA of this Act ”.
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, ”.
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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 ”.
In section 29(4) of that Act (succession to dignities etc.) after “(4)” there shall be inserted “ or (5A) to (5I) ”.
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.
In Article 14(1) of the Births and Deaths Registration (Northern Ireland) Order 1976 (registration of father where parents not married) at the end there shall be inserted “ and subject to Article 14A ”.
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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) ”.
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