Human Fertilisation and Embryology Act 2008

(4A) (1) A person (“P”) is disqualified for being appointed as chairman, deputy chairman, or as any other member of the Authority if— (a) P is the subject of a bankruptcy restrictions order or interim order, (b) a bankruptcy order has been made against P by a court in Northern Ireland, P's estate has been sequestered by a court in Scotland, or under the law of Northern Ireland or Scotland, P has made a composition or arrangement with, or granted a trust deed for, P's creditors, or (c) in the last five years P has been convicted in the United Kingdom, the Channel Islands or the Isle of Man of an offence and has had a qualifying sentence passed on P. (2) Where P is disqualified under sub-paragraph (1)(b) because a bankruptcy order has been made against P or P's estate has been sequestered, the disqualification ceases— (a) on P obtaining a discharge, or (b) if the bankruptcy order is annulled or the sequestration of P's estate is recalled or reduced, on the date of that event. (3) Where P is disqualified under sub-paragraph (1)(b) because of P having made a composition or arrangement with, or granted a trust deed for, P's creditors, the disqualification ceases— (a) at the end of the period of five years beginning with the date on which the terms of the deed of composition or arrangement or trust deed are fulfilled, or (b) if, before then, P pays P's debts in full, on the date on which the payment is completed. (4) For the purposes of sub-paragraph (1)(c), the date of conviction is to be taken to be the ordinary date on which the period allowed for making an appeal or application expires or, if an appeal or application is made, the date on which the appeal or application is finally disposed of or abandoned or fails by reason of its non-prosecution. (5) In sub-paragraph (1)(c), the reference to a qualifying sentence is to a sentence of imprisonment for a period of not less than three months (whether suspended or not) without the option of a fine.

3

In paragraph 5—

• (a) after sub-paragraph (4), insert—

(4A) A person holding office as chairman, deputy chairman or other member of the Authority is to cease to hold that office if the person becomes disqualified for appointment to it.

, and

• (b) in sub-paragraph (5)—

• (i) omit paragraph (b) and the word “or” immediately after it,

• (ii) in paragraph (c) for “functions of a member” substitute “ person's functions as chairman, deputy chairman or other member ”, and

• (iii) 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 ”.

SCHEDULE 2

Introductory

1

Schedule 2 to the 1990 Act (activities for which licences may be granted) is amended as follows.

Licences for treatment

2

• (1) Paragraph 1 (licences for treatment) is amended as follows.

• (2) In sub-paragraph (1)—

• (a) after paragraph (c) insert—

(ca) using embryos for the purpose of training persons in embryo biopsy, embryo storage or other embryological techniques,

,

• (b) in paragraph (d), omit the words from “or” onwards,

• (c) in paragraph (e), for “embryo” substitute “ permitted embryo ”, and

• (d) in paragraph (g), after “practices” insert “ , apart from practices falling within section 4A(2), ”.

• (3) For sub-paragraph (4) substitute—

(4) A licence under this paragraph cannot authorise altering the nuclear or mitochondrial DNA of a cell while it forms part of an embryo, except for the purpose of creating something that will by virtue of regulations under section 3ZA(5) be a permitted embryo.

• (4) After sub-paragraph (4) insert—

(4A) A licence under this paragraph cannot authorise the use of embryos for the purpose mentioned in sub-paragraph (1)(ca) unless the Authority is satisfied that the proposed use of embryos is necessary for that purpose.

• (5) At the end insert—

(6) In this paragraph, references to a permitted embryo are to be read in accordance with section 3ZA.

Embryo testing and sex selection

3

After paragraph 1 insert—

(1ZA) (1) A licence under paragraph 1 cannot authorise the testing of an embryo, except for one or more of the following purposes— (a) establishing whether the embryo has a gene, chromosome or mitochondrion abnormality that may affect its capacity to result in a live birth, (b) in a case where there is a particular risk that the embryo may have any gene, chromosome or mitochondrion abnormality, establishing whether it has that abnormality or any other gene, chromosome or mitochondrion abnormality, (c) in a case where there is a particular risk that any resulting child will have or develop— (i) a gender-related serious physical or mental disability, (ii) a gender-related serious illness, or (iii) any other gender-related serious medical condition, establishing the sex of the embryo, (d) in a case where a person (“the sibling”) who is the child of the persons whose gametes are used to bring about the creation of the embryo (or of either of those persons) suffers from a serious medical condition which could be treated by umbilical cord blood stem cells, bone marrow or other tissue of any resulting child, establishing whether the tissue of any resulting child would be compatible with that of the sibling, and (e) in a case where uncertainty has arisen as to whether the embryo is one of those whose creation was brought about by using the gametes of particular persons, establishing whether it is. (2) A licence under paragraph 1 cannot authorise the testing of embryos for the purpose mentioned in sub-paragraph (1)(b) unless the Authority is satisfied— (a) in relation to the abnormality of which there is a particular risk, and (b) in relation to any other abnormality for which testing is to be authorised under sub-paragraph (1)(b), that there is a significant risk that a person with the abnormality will have or develop a serious physical or mental disability, a serious illness or any other serious medical condition. (3) For the purposes of sub-paragraph (1)(c), a physical or mental disability, illness or other medical condition is gender-related if the Authority is satisfied that— (a) it affects only one sex, or (b) it affects one sex significantly more than the other. (4) In sub-paragraph (1)(d) the reference to “other tissue” of the resulting child does not include a reference to any whole organ of the child. (1ZB) (1) A licence under paragraph 1 cannot authorise any practice designed to secure that any resulting child will be of one sex rather than the other. (2) Sub-paragraph (1) does not prevent the authorisation of any testing of embryos that is capable of being authorised under paragraph 1ZA. (3) Sub-paragraph (1) does not prevent the authorisation of any other practices designed to secure that any resulting child will be of one sex rather than the other in a case where there is a particular risk that a woman will give birth to a child who will have or develop— (a) a gender-related serious physical or mental disability, (b) a gender-related serious illness, or (c) any other gender-related serious medical condition. (4) For the purposes of sub-paragraph (3), a physical or mental disability, illness or other medical condition is gender-related if the Authority is satisfied that— (a) it affects only one sex, or (b) it affects one sex significantly more than the other. (1ZC) (1) Regulations may make any amendment of paragraph 1ZA (embryo testing). (2) Regulations under this paragraph which amend paragraph 1ZA may make any amendment of sub-paragraphs (2) to (4) of paragraph 1ZB (sex selection) which appears to the Secretary of State to be necessary or expedient in consequence of the amendment of paragraph 1ZA. (3) Regulations under this paragraph may not enable the authorisation of— (a) the testing of embryos for the purpose of establishing their sex, or (b) other practices falling within paragraph 1ZB(1), except on grounds relating to the health of any resulting child. (4) For the purposes of this paragraph, “amend” includes add to and repeal, and references to “amendment” are to be read accordingly.

Licences for non-medical fertility services

4

In paragraph 1A (licences for non-medical fertility services) after sub-paragraph (1) insert—

(1A) A licence under this paragraph cannot authorise the procurement or distribution of sperm to which there has been applied any process designed to secure that any resulting child will be of one sex rather than the other.

Licences for storage

5

In paragraph 2 (licences for storage)—

• (a) after sub-paragraph (1) insert—

(1A) A licence under this paragraph or paragraph 3 may authorise the storage of human admixed embryos (whether or not the licence also authorises the storage of gametes or embryos or both).

, and

• (b) in sub-paragraph (2), after “such storage” insert “ as is mentioned in sub-paragraph (1) or (1A) ”.

Licences for research

6

For paragraph 3 substitute—

(3) (1) A licence under this paragraph may authorise any of the following— (a) bringing about the creation of embryos in vitro, and (b) keeping or using embryos, for the purposes of a project of research specified in the licence. (2) A licence under this paragraph may authorise mixing sperm with the egg of a hamster, or other animal specified in directions, for the purpose of developing more effective techniques for determining the fertility or normality of sperm, but only where anything which forms is destroyed when the research is complete and, in any event, no later than the two cell stage. (3) A licence under this paragraph may authorise any of the following— (a) bringing about the creation of human admixed embryos in vitro, and (b) keeping or using human admixed embryos, for the purposes of a project of research specified in the licence. (4) A licence under sub-paragraph (3) may not authorise the activity which may be authorised by a licence under sub-paragraph (2). (5) No licence under this paragraph is to be granted unless the Authority is satisfied that any proposed use of embryos or human admixed embryos is necessary for the purposes of the research. (6) Subject to the provisions of this Act, a licence under this paragraph may be granted subject to such conditions as may be specified in the licence. (7) A licence under this paragraph may authorise the performance of any of the activities referred to in sub-paragraph (1), (2) or (3) in such manner as may be so specified. (8) A licence under this paragraph may be granted for such period not exceeding three years as may be specified in the licence. (9) This paragraph has effect subject to paragraph 3A. (3A) (1) A licence under paragraph 3 cannot authorise any activity unless the activity appears to the Authority— (a) to be necessary or desirable for any of the purposes specified in sub-paragraph (2) (“the principal purposes”), (b) to be necessary or desirable for the purpose of providing knowledge that, in the view of the Authority, may be capable of being applied for the purposes specified in sub-paragraph (2)(a) or (b), or (c) to be necessary or desirable for such other purposes as may be specified in regulations. (2) The principal purposes are— (a) increasing knowledge about serious disease or other serious medical conditions, (b) developing treatments for serious disease or other serious medical conditions, (c) increasing knowledge about the causes of any congenital disease or congenital medical condition that does not fall within paragraph (a), (d) promoting advances in the treatment of infertility, (e) increasing knowledge about the causes of miscarriage, (f) developing more effective techniques of contraception, (g) developing methods for detecting the presence of gene, chromosome or mitochondrion abnormalities in embryos before implantation, or (h) increasing knowledge about the development of embryos.

SCHEDULE 3

Introductory

1

Schedule 3 to the 1990 Act (giving of consent to use or storage of gametes or embryos) is amended as follows.

2

In the title to that Schedule, for “OF GAMETES OR EMBRYOS”, substitute “ OR STORAGE OF GAMETES, EMBRYOS OR HUMAN ADMIXED EMBRYOS ETC ”.

General requirements as to consent

3

For paragraph 1 substitute—

(1) (1) A consent under this Schedule, and any notice under paragraph 4 varying or withdrawing a consent under this Schedule, must be in writing and, subject to sub-paragraph (2), must be signed by the person giving it. (2) A consent under this Schedule by a person who is unable to sign because of illness, injury or physical disability (a “person unable to sign”), and any notice under paragraph 4 by a person unable to sign varying or withdrawing a consent under this Schedule, is to be taken to comply with the requirement of sub-paragraph (1) as to signature if it is signed at the direction of the person unable to sign, in the presence of the person unable to sign and in the presence of at least one witness who attests the signature. (3) In this Schedule “effective consent” means a consent under this Schedule which has not been withdrawn.

Terms of consent

4

• (1) Paragraph 2 (terms etc. of consent) is amended as follows.

• (2) In sub-paragraph (1), for the “or” at the end of paragraph (b) substitute—

(ba) use for the purpose of training persons in embryo biopsy, embryo storage or other embryological techniques, or

.

• (3) After sub-paragraph (1) insert—

(1A) A consent to the use of any human admixed embryo must specify use for the purposes of any project of research and may specify conditions subject to which the human admixed embryo may be so used.

• (4) For sub-paragraph (2) substitute—

(2) A consent to the storage of any gametes, any embryo or any human admixed embryo must— (a) specify the maximum period of storage (if less than the statutory storage period), (b) except in a case falling within paragraph (c), state what is to be done with the gametes, embryo or human admixed embryo if the person who gave the consent dies or is unable, because the person lacks capacity to do so, to vary the terms of the consent or to withdraw it, and (c) where the consent is given by virtue of paragraph 8(2A) or 13(2), state what is to be done with the embryo or human admixed embryo if the person to whom the consent relates dies, and may (in any case) specify conditions subject to which the gametes, embryo or human admixed embryo may remain in storage. (2A) A consent to the use of a person's human cells to bring about the creation in vitro of an embryo or human admixed embryo is to be taken unless otherwise stated to include consent to the use of the cells after the person's death. (2B) In relation to Scotland, the reference in sub-paragraph (2)(b) to the person lacking capacity is to be read as a reference to the person— (a) lacking capacity within the meaning of the Age of Legal Capacity (Scotland) Act 1991, or (b) being incapable within the meaning of section 1(6) of the Adults with Incapacity (Scotland) Act 2000.

• (5) For sub-paragraph (4) substitute—

(4) A consent under this Schedule may apply— (a) to the use or storage of a particular embryo or human admixed embryo, or (b) in the case of a person providing gametes or human cells, to the use or storage of— (i) any embryo or human admixed embryo whose creation may be brought about using those gametes or those cells, and (ii) any embryo or human admixed embryo whose creation may be brought about using such an embryo or human admixed embryo. (5) In the case of a consent falling within sub-paragraph (4)(b), the terms of the consent may be varied, or the consent may be withdrawn, in accordance with this Schedule either generally or in relation to— (a) a particular embryo or particular embryos, or (b) a particular human admixed embryo or particular human admixed embryos.

Information to be given to a person giving consent

5

In paragraph 3 (procedure for giving consent), in sub-paragraph (2), after “paragraph 4” insert “ and, if relevant, paragraph 4A ”.

Variation and withdrawal of consent

6

• (1) Paragraph 4 (variation and withdrawal of consent) is amended as follows.

• (2) In sub-paragraph (1), for “or embryo” substitute “ , human cells, embryo or human admixed embryo ”.

• (3) In sub-paragraph (2)—

• (a) for “The” substitute “ Subject to sub-paragraph (3), the ”, and

• (b) for the “or” at the end of paragraph (a) substitute—

(aa) in training persons in embryo biopsy, embryo storage or other embryological techniques, or

.

• (4) After sub-paragraph (2) insert—

(3) Where the terms of any consent to the use of an embryo (“embryo A”) include consent to the use of an embryo or human admixed embryo whose creation may be brought about in vitro using embryo A, that consent to the use of that subsequent embryo or human admixed embryo cannot be varied or withdrawn once embryo A has been used for one or more of the purposes mentioned in sub-paragraph (2)(a) or (b). (4) Subject to sub-paragraph (5), the terms of any consent to the use of any human admixed embryo cannot be varied, and such consent cannot be withdrawn, once the human admixed embryo has been used for the purposes of any project of research. (5) Where the terms of any consent to the use of a human admixed embryo (“human admixed embryo A”) include consent to the use of a human admixed embryo or embryo whose creation may be brought about in vitro using human admixed embryo A, that consent to the use of that subsequent human admixed embryo or embryo cannot be varied or withdrawn once human admixed embryo A has been used for the purposes of any project of research.

Withdrawal of consent to storage: notification of interested persons

7

After paragraph 4 insert—

(4A) (1) This paragraph applies where— (a) a permitted embryo, the creation of which was brought about in vitro, is in storage, (b) it was created for use in providing treatment services, (c) before it is used in providing treatment services, one of the persons whose gametes were used to bring about its creation (“P”) gives the person keeping the embryo notice withdrawing P's consent to the storage of the embryo, and (d) the embryo was not to be used in providing treatment services to P alone. (2) The person keeping the embryo must as soon as possible take all reasonable steps to notify each interested person in relation to the embryo of P's withdrawal of consent. (3) For the purposes of sub-paragraph (2), a person is an interested person in relation to an embryo if the embryo was to be used in providing treatment services to that person. (4) Storage of the embryo remains lawful until— (a) the end of the period of 12 months beginning with the day on which the notice mentioned in sub-paragraph (1) was received from P, or (b) if, before the end of that period, the person keeping the embryo receives a notice from each person notified of P's withdrawal under sub-paragraph (2) stating that the person consents to the destruction of the embryo, the time at which the last of those notices is received. (5) The reference in sub-paragraph (1)(a) to a permitted embryo is to be read in accordance with section 3ZA.

Application of consent provisions to non-medical fertility services

8

In paragraph 5 (use of gametes for treatment of others), in sub-paragraph (1), after “treatment services” insert “ or non-medical fertility services ”.

In vitro fertilisation and subsequent use of embryo

9

• (1) Paragraph 6 (in vitro fertilisation and subsequent use of embryo) is amended as follows.

• (2) In sub-paragraph (1)—

• (a) after “person's gametes” insert “ or human cells ”,

• (b) after “to any embryo” insert a comma,

• (c) after “those gametes” insert “ or human cells, ”, and

• (d) for “paragraph 2(1)” substitute “ paragraph 2(1)(a), (b) and (c) ”.

• (3) In sub-paragraph (2)—

• (a) for the words from “each person” to “creation of” substitute “ each relevant person in relation to ”, and

• (b) for “paragraph 2(1)” substitute “ paragraph 2(1)(a), (b), (ba) and (c) ”.

• (4) In sub-paragraph (3), for the words from “person” to “creation of” substitute “ relevant person in relation to ”.

• (5) After sub-paragraph (3) insert—

(3A) If the Authority is satisfied that the parental consent conditions in paragraph 15 are met in relation to the proposed use under a licence of the human cells of a person who has not attained the age of 18 years (“C”), the Authority may in the licence authorise the application of sub-paragraph (3B) in relation to C. (3B) Where the licence authorises the application of this sub-paragraph, the effective consent of a person having parental responsibility for C— (a) to the use of C's human cells to bring about the creation of an embryo in vitro for use for the purposes of a project of research, or (b) to the use for those purposes of an embryo in relation to which C is a relevant person by reason only of the use of C's human cells, is to be treated for the purposes of sub-paragraphs (1) to (3) as the effective consent of C. (3C) If C attains the age of 18 years or the condition in paragraph 15(3) ceases to be met in relation to C, paragraph 4 has effect in relation to C as if any effective consent previously given under sub-paragraphs (1) to (3) by a person having parental responsibility for C had been given by C but, subject to that, sub-paragraph (3B) ceases to apply in relation to C. (3D) Sub-paragraphs (1) to (3) have effect subject to paragraphs 16 and 20. (3E) For the purposes of sub-paragraphs (2), (3) and (3B), each of the following is a relevant person in relation to an embryo the creation of which was brought about in vitro (“embryo A”)— (a) each person whose gametes or human cells were used to bring about the creation of embryo A, (b) each person whose gametes or human cells were used to bring about the creation of any other embryo, the creation of which was brought about in vitro, which was used to bring about the creation of embryo A, and (c) each person whose gametes or human cells were used to bring about the creation of any human admixed embryo, the creation of which was brought about in vitro, which was used to bring about the creation of embryo A.

Use of embryos obtained by lavage etc.

10

• (1) Paragraph 7 (embryos obtained by lavage etc.) is amended as follows.

• (2) In sub-paragraph (3), for “This paragraph does” substitute “ Sub-paragraphs (1) and (2) do ”.

• (3) After sub-paragraph (3) insert—

(4) An embryo taken from a woman must not be used to bring about the creation of any embryo in vitro or any human admixed embryo in vitro.

Consents in relation to storage

11

• (1) Paragraph 8 (storage of gametes and embryos) is amended as follows.

• (2) In sub-paragraph (2), for the words from “person” to “creation of” substitute “ relevant person in relation to ”.

• (3) After sub-paragraph (2) insert—

(2A) Where a licence authorises the application of paragraph 6(3B) in relation to a person who has not attained the age of 18 years (“C”), the effective consent of a person having parental responsibility for C to the storage of an embryo in relation to which C is a relevant person by reason only of the use of C's human cells is to be treated for the purposes of sub-paragraph (2) as the effective consent of C. (2B) If C attains the age of 18 years or the condition in paragraph 15(3) ceases to be met in relation to C, paragraph 4 has effect in relation to C as if any effective consent previously given under sub-paragraph (2) by a person having parental responsibility for C had been given by C but, subject to that, sub-paragraph (2A) ceases to apply in relation to C. (2C) For the purposes of sub-paragraphs (2) and (2A), each of the following is a relevant person in relation to an embryo the creation of which was brought about in vitro (“embryo A”)— (a) each person whose gametes or human cells were used to bring about the creation of embryo A, (b) each person whose gametes or human cells were used to bring about the creation of any other embryo, the creation of which was brought about in vitro, which was used to bring about the creation of embryo A, and (c) each person whose gametes or human cells were used to bring about the creation of any human admixed embryo, the creation of which was brought about in vitro, which was used to bring about the creation of embryo A.

• (4) After sub-paragraph (3) insert—

(4) Sub-paragraph (1) has effect subject to paragraphs 9 and 10; and sub-paragraph (2) has effect subject to paragraphs 4A(4), 16 and 20.

12

After paragraph 8 insert—

(9) (1) The gametes of a person (“C”) may be kept in storage without C's consent if the following conditions are met. (2) Condition A is that the gametes are lawfully taken from or provided by C before C attains the age of 18 years. (3) Condition B is that, before the gametes are first stored, a registered medical practitioner certifies in writing that C is expected to undergo medical treatment and that in the opinion of the registered medical practitioner— (a) the treatment is likely to cause a significant impairment of C's fertility, and (b) the storage of the gametes is in C's best interests. (4) Condition C is that, at the time when the gametes are first stored, either— (a) C has not attained the age of 16 years and is not competent to deal with the issue of consent to the storage of the gametes, or (b) C has attained that age but, although not lacking capacity to consent to the storage of the gametes, is not competent to deal with the issue of consent to their storage. (5) Condition D is that C has not, since becoming competent to deal with the issue of consent to the storage of the gametes— (a) given consent under this Schedule to the storage of the gametes, or (b) given written notice to the person keeping the gametes that C does not wish them to continue to be stored. (6) In relation to Scotland, sub-paragraphs (1) to (5) are to be read with the following modifications— (a) for sub-paragraph (4), substitute— (4) Condition C is that, at the time when the gametes are first stored, C does not have capacity (within the meaning of section 2(4) of the Age of Legal Capacity (Scotland) Act 1991) to consent to the storage of the gametes. (b) in sub-paragraph (5), for “becoming competent to deal with the issue of consent to the storage of the gametes” substitute “ acquiring such capacity ”. (10) (1) The gametes of a person (“P”) may be kept in storage without P's consent if the following conditions are met. (2) Condition A is that the gametes are lawfully taken from or provided by P after P has attained the age of 16 years. (3) Condition B is that, before the gametes are first stored, a registered medical practitioner certifies in writing that P is expected to undergo medical treatment and that in the opinion of the registered medical practitioner— (a) the treatment is likely to cause a significant impairment of P's fertility, (b) P lacks capacity to consent to the storage of the gametes, (c) P is likely at some time to have that capacity, and (d) the storage of the gametes is in P's best interests. (4) Condition C is that, at the time when the gametes are first stored, P lacks capacity to consent to their storage. (5) Condition D is that P has not subsequently, at a time when P has capacity to give a consent under this Schedule— (a) given consent to the storage of the gametes, or (b) given written notice to the person keeping the gametes that P does not wish them to continue to be stored. (6) In relation to Scotland— (a) references in sub-paragraphs (3) and (4) to P lacking capacity to consent are to be read as references to P being incapable, within the meaning of section 1(6) of the Adults with Incapacity (Scotland) Act 2000, of giving such consent, (b) the references in sub-paragraphs (3) and (5) to P having capacity are to be read as references to P not being so incapable, and (c) that Act applies to the storage of gametes under this paragraph to the extent specified in section 84A of that Act. (11) A person's gametes must not be kept in storage by virtue of paragraph 9 or 10 after the person's death.

Creation, use and storage of human admixed embryos

13

After paragraph 11 (as inserted by paragraph 12 above) insert—

(12) (1) A person's gametes or human cells must not be used to bring about the creation of any human admixed embryo in vitro unless there is an effective consent by that person to any human admixed embryo, the creation of which may be brought about with the use of those gametes or human cells, being used for the purposes of any project of research. (2) A human admixed embryo the creation of which was brought about in vitro must not be received by any person unless there is an effective consent by each relevant person in relation to the human admixed embryo to the use of the human admixed embryo for the purposes of any project of research. (3) A human admixed embryo the creation of which was brought about in vitro must not be used for the purposes of a project of research unless— (a) there is an effective consent by each relevant person in relation to the human admixed embryo to the use of the human admixed embryo for that purpose, and (b) the human admixed embryo is used in accordance with those consents. (4) If the Authority is satisfied that the parental consent conditions in paragraph 15 are met in relation to the proposed use under a licence of the human cells of a person who has not attained the age of 18 years (“C”), the Authority may in the licence authorise the application of sub-paragraph (5) in relation to C. (5) Where the licence authorises the application of this sub-paragraph, the effective consent of a person having parental responsibility for C— (a) to the use of C's human cells to bring about the creation of a human admixed embryo in vitro for use for the purposes of a project of research, or (b) to the use for those purposes of a human admixed embryo in relation to which C is a relevant person by reason only of the use of C's human cells, is to be treated for the purposes of sub-paragraphs (1) to (3) as the effective consent of C. (6) If C attains the age of 18 years or the condition in paragraph 15(3) ceases to be met in relation to C, paragraph 4 has effect in relation to C as if any effective consent previously given under sub-paragraphs (1) to (3) by a person having parental responsibility for C had been given by C but, subject to that, sub-paragraph (5) ceases to apply in relation to C. (7) Sub-paragraphs (1) to (3) have effect subject to paragraphs 16 and 20. (13) (1) A human admixed embryo the creation of which was brought about in vitro must not be kept in storage unless— (a) there is an effective consent by each relevant person in relation to the human admixed embryo to the storage of the human admixed embryo, and (b) the human admixed embryo is stored in accordance with those consents. (2) Where a licence authorises the application of paragraph 12(5) in relation to a person who has not attained the age of 18 years (“C”), the effective consent of a person having parental responsibility for C to the storage of a human admixed embryo in relation to which C is a relevant person by reason only of the use of C's human cells is to be treated for the purposes of sub-paragraph (1) as the effective consent of C. (3) If C attains the age of 18 years or the condition in paragraph 15(3) ceases to be met in relation to C, paragraph 4 has effect in relation to C as if any effective consent previously given under sub-paragraph (1) by a person having parental responsibility for C had been given by C but, subject to that, sub-paragraph (2) ceases to apply in relation to C. (4) Sub-paragraph (1) has effect subject to paragraphs 16 and 20. (14) For the purposes of paragraphs 12 and 13, each of the following is a relevant person in relation to a human admixed embryo the creation of which was brought about in vitro (“human admixed embryo A”)— (a) each person whose gametes or human cells were used to bring about the creation of human admixed embryo A, (b) each person whose gametes or human cells were used to bring about the creation of any embryo, the creation of which was brought about in vitro, which was used to bring about the creation of human admixed embryo A, and (c) each person whose gametes or human cells were used to bring about the creation of any other human admixed embryo, the creation of which was brought about in vitro, which was used to bring about the creation of human admixed embryo A.

Cases where human cells etc. can be used without consent of person providing them

14

After paragraph 14 (as inserted by paragraph 13 above) insert—

(15) (1) In relation to a person who has not attained the age of 18 years (“C”), the parental consent conditions referred to in paragraphs 6(3A) and 12(4) are as follows. (2) Condition A is that C suffers from, or is likely to develop, a serious disease, a serious physical or mental disability or any other serious medical condition. (3) Condition B is that either— (a) C is not competent to deal with the issue of consent to the use of C's human cells to bring about the creation in vitro of an embryo or human admixed embryo for use for the purposes of a project of research, or (b) C has attained the age of 16 years but lacks capacity to consent to such use of C's human cells. (4) Condition C is that any embryo or human admixed embryo to be created in vitro is to be used for the purposes of a project of research which is intended to increase knowledge about— (a) the disease, disability or medical condition mentioned in sub-paragraph (2) or any similar disease, disability or medical condition, or (b) the treatment of, or care of persons affected by, that disease, disability or medical condition or any similar disease, disability or medical condition. (5) Condition D is that there are reasonable grounds for believing that research of comparable effectiveness cannot be carried out if the only human cells that can be used to bring about the creation in vitro of embryos or human admixed embryos for use for the purposes of the project are the human cells of persons who— (a) have attained the age of 18 years and have capacity to consent to the use of their human cells to bring about the creation in vitro of an embryo or human admixed embryo for use for the purposes of the project, or (b) have not attained that age but are competent to deal with the issue of consent to such use of their human cells. (6) In relation to Scotland, sub-paragraphs (1) to (5) are to be read with the following modifications— (a) for sub-paragraph (3) substitute— (3) Condition B is that C does not have capacity (within the meaning of section 2(4ZB) of the Age of Legal Capacity (Scotland) Act 1991) to consent to the use of C's human cells to bring about the creation in vitro of an embryo or human admixed embryo for use for the purposes of a project of research. (b) in sub-paragraph (5)(a), for “have capacity to consent” substitute “ are not incapable (within the meaning of section 1(6) of the Adults with Incapacity (Scotland) Act 2000) of giving consent ”, and (c) in sub-paragraph (5)(b), for “are competent to deal with the issue of” substitute “ have capacity (within the meaning of section 2(4ZB) of the Age of Legal Capacity (Scotland) Act 1991) to ”. (16) (1) If, in relation to the proposed use under a licence of the human cells of a person who has attained the age of 18 years (“P”), the Authority is satisfied— (a) that the conditions in paragraph 17 are met, (b) that paragraphs (1) to (4) of paragraph 18 have been complied with, and (c) that the condition in paragraph 18(5) is met, the Authority may in the licence authorise the application of this paragraph in relation to P. (2) Where a licence authorises the application of this paragraph, this Schedule does not require the consent of P— (a) to the use (whether during P's life or after P's death) of P's human cells to bring about the creation in vitro of an embryo or human admixed embryo for use for the purposes of a project of research, (b) to the storage or the use for those purposes (whether during P's life or after P's death) of an embryo or human admixed embryo in relation to which P is a relevant person by reason only of the use of P's human cells. (3) This paragraph has effect subject to paragraph 19. (17) (1) The conditions referred to in paragraph 16(1)(a) are as follows. (2) Condition A is that P suffers from, or is likely to develop, a serious disease, a serious physical or mental disability or any other serious medical condition. (3) Condition B is that P lacks capacity to consent to the use of P's human cells to bring about the creation in vitro of an embryo or human admixed embryo for use for the purposes of a project of research. (4) Condition C is that the person responsible under the licence has no reason to believe that P had refused such consent at a time when P had that capacity. (5) Condition D is that it appears unlikely that P will at some time have that capacity. (6) Condition E is that any embryo or human admixed embryo to be created in vitro is to be used for the purposes of a project of research which is intended to increase knowledge about— (a) the disease, disability or medical condition mentioned in sub-paragraph (2) or any similar disease, disability or medical condition, or (b) the treatment of, or care of persons affected by, that disease, disability or medical condition or any similar disease, disability or medical condition. (7) Condition F is that there are reasonable grounds for believing that research of comparable effectiveness cannot be carried out if the only human cells that can be used to bring about the creation in vitro of embryos or human admixed embryos for use for the purposes of the project are the human cells of persons who— (a) have attained the age of 18 years and have capacity to consent to the use of their human cells to bring about the creation in vitro of an embryo or human admixed embryo for use for the purposes of the project, or (b) have not attained that age but are competent to deal with the issue of consent to such use of their human cells. (8) In this paragraph and paragraph 18 references to the person responsible under the licence are to be read, in a case where an application for a licence is being made, as references to the person who is to be the person responsible. (9) In relation to Scotland— (a) references in sub-paragraphs (3) to (5) to P lacking, or having, capacity to consent are to be read respectively as references to P being, or not being, incapable (within the meaning of section 1(6) of the Adults with Incapacity (Scotland) Act 2000) of giving such consent, and (b) sub-paragraph (7) is to be read with the following modifications— (i) in paragraph (a), for “have capacity to consent” substitute “ are not incapable (within the meaning of section 1(6) of the Adults with Incapacity (Scotland) Act 2000) of giving consent ”, and (ii) in paragraph (b), for “are competent to deal with the issue of” substitute “ have capacity (within the meaning of section 2(4ZB) of the Age of Legal Capacity (Scotland) Act 1991) to ”. (18) (1) This paragraph applies in relation to a person who has attained the age of 18 years (“P”) where the person responsible under the licence (“R”) wishes to use P's human cells to bring about the creation in vitro of an embryo or human admixed embryo for use for the purposes of a project of research, in a case where P lacks capacity to consent to their use. (2) R must take reasonable steps to identify a person who— (a) otherwise than in a professional capacity or for remuneration, is engaged in caring for P or is interested in P's welfare, and (b) is prepared to be consulted by R under this paragraph of this Schedule. (3) If R is unable to identify such a person R must nominate a person who— (a) is prepared to be consulted by R under this paragraph of this Schedule, but (b) has no connection with the project. (4) R must provide the person identified under sub-paragraph (2) or nominated under sub-paragraph (3) (“F”) with information about the proposed use of human cells to bring about the creation in vitro of embryos or human admixed embryos for use for the purposes of the project and ask F what, in F's opinion, P's wishes and feelings about the use of P's human cells for that purpose would be likely to be if P had capacity in relation to the matter. (5) The condition referred to in paragraph 16(1)(c) is that, on being consulted, F has not advised R that in F's opinion P's wishes and feelings would be likely to lead P to decline to consent to the use of P's human cells for that purpose. (6) In relation to Scotland, the references in sub-paragraphs (1) and (4) to P lacking, or having, capacity to consent are to be read respectively as references to P being, or not being, incapable (within the meaning of section 1(6) of the Adults with Incapacity (Scotland) Act 2000) of giving such consent. (19) (1) Paragraph 16 does not apply to the use of P's human cells to bring about the creation in vitro of an embryo or human admixed embryo if, at a time before the human cells are used for that purpose, P— (a) has capacity to consent to their use, and (b) gives written notice to the person keeping the human cells that P does not wish them to be used for that purpose. (2) Paragraph 16 does not apply to the storage or use of an embryo or human admixed embryo whose creation in vitro was brought about with the use of P's human cells if, at a time before the embryo or human admixed embryo is used for the purposes of the project of research, P— (a) has capacity to consent to the storage or use, and (b) gives written notice to the person keeping the human cells that P does not wish them to be used for that purpose. (3) In relation to Scotland, the references in sub-paragraphs (1)(a) and (2)(a) to P having capacity to consent are to be read as references to P not being incapable (within the meaning of section 1(6) of the Adults with Incapacity (Scotland) Act 2000) of giving such consent. (20) (1) Where a licence authorises the application of this paragraph in relation to qualifying cells, this Schedule does not require the consent of a person (“P”)— (a) to the use of qualifying cells of P to bring about the creation in vitro of an embryo or human admixed embryo for use for the purposes of a project of research, or (b) to the storage or the use for those purposes of an embryo or human admixed embryo in relation to which P is a relevant person by reason only of the use of qualifying cells of P. (2) “Qualifying cells” are human cells which— (a) were lawfully stored for research purposes immediately before the commencement date, or (b) are derived from human cells which were lawfully stored for those purposes at that time. (3) The “commencement date” is the date on which paragraph 9(2)(a) of Schedule 3 to the Human Fertilisation and Embryology Act 2008 (requirement for consent to use of human cells to create an embryo) comes into force. (21) (1) A licence may not authorise the application of paragraph 20 unless the Authority is satisfied— (a) that there are reasonable grounds for believing that scientific research will be adversely affected to a significant extent if the only human cells that can be used to bring about the creation in vitro of embryos or human admixed embryos for use for the purposes of the project of research are— (i) human cells in respect of which there is an effective consent to their use to bring about the creation in vitro of embryos or human admixed embryos for use for those purposes, or (ii) human cells which by virtue of paragraph 16 can be used without such consent, and (b) that any of the following conditions is met in relation to each of the persons whose human cells are qualifying cells which are to be used for the purposes of the project of research. (2) Condition A is that— (a) it is not reasonably possible for the person responsible under the licence (“R”) to identify the person falling within sub-paragraph (1)(b) (“P”), and (b) where any information that relates to P (without identifying P or enabling P to be identified) is available to R, that information does not suggest that P would have objected to the use of P's human cells to bring about the creation in vitro of an embryo or human admixed embryo for use for the purposes of the project. (3) Condition B is that— (a) the person falling within sub-paragraph (1)(b) (“P”) is dead or the person responsible under the licence (“R”) believes on reasonable grounds that P is dead, (b) the information relating to P that is available to R does not suggest that P would have objected to the use of P's human cells to bring about the creation in vitro of an embryo or human admixed embryo for use for the purposes of the project, and (c) a person who stood in a qualifying relationship to P immediately before P died (or is believed to have died) has given consent in writing to the use of P's human cells to bring about the creation in vitro of an embryo or human admixed embryo for use for the purposes of the project. (4) Condition C is that— (a) the person responsible under the licence (“R”) has taken all reasonable steps to contact— (i) the person falling within sub-paragraph (1)(b) (“P”), or (ii) in a case where P is dead or R believes on reasonable grounds that P is dead, persons who could give consent for the purposes of sub-paragraph (3)(c), but has been unable to do so, and (b) the information relating to P that is available to R does not suggest that P would have objected to the use of P's human cells to bring about the creation in vitro of an embryo or human admixed embryo for use for the purposes of the project. (5) The HTA consent provisions apply in relation to consent for the purposes of sub-paragraph (3)(c) as they apply in relation to consent for the purposes of section 3(6)(c) of the Human Tissue Act 2004; and for the purposes of this sub-paragraph the HTA consent provisions are to be treated as if they extended to Scotland. (6) In sub-paragraph (5) “the HTA consent provisions” means subsections (4), (5), (6), (7) and (8)(a) and (b) of section 27 of the Human Tissue Act 2004. (7) In this paragraph references to the person responsible under the licence are to be read, in a case where an application for a licence is being made, as references to the person who is to be the person responsible. (8) Paragraphs 1 to 4 of this Schedule do not apply in relation to a consent given for the purposes of sub-paragraph (3)(c).

Interpretation

15

After paragraph 21 (as inserted by paragraph 14 above) insert—

(22) (1) In this Schedule references to human cells are to human cells which are not— (a) cells of the female or male germ line, or (b) cells of an embryo. (2) References in this Schedule to an embryo or a human admixed embryo which was used to bring about the creation of an embryo (“embryo A”) or a human admixed embryo (“human admixed embryo A”) include an embryo or, as the case may be, a human admixed embryo which was used to bring about the creation of— (a) an embryo or human admixed embryo which was used to bring about the creation of embryo A or human admixed embryo A, and (b) the predecessor of that embryo or human admixed embryo mentioned in paragraph (a), and (c) the predecessor of that predecessor, and so on. (3) References in this Schedule to an embryo or a human admixed embryo whose creation may be brought about using an embryo or a human admixed embryo are to be read in accordance with sub-paragraph (2). (4) References in this Schedule (however expressed) to the use of human cells to bring about the creation of an embryo or a human admixed embryo include the use of human cells to alter the embryo or, as the case may be, the human admixed embryo. (5) References in this Schedule to parental responsibility are— (a) in relation to England and Wales, to be read in accordance with the Children Act 1989, (b) in relation to Northern Ireland, to be read in accordance with the Children (Northern Ireland) Order 1995, and (c) in relation to Scotland, to be read as references to parental responsibilities and parental rights within the meaning of the Children (Scotland) Act 1995. (6) References in this Schedule to capacity are, in relation to England and Wales, to be read in accordance with the Mental Capacity Act 2005. (7) References in this Schedule to the age of 18 years are, in relation to Scotland, to be read as references to the age of 16 years.

SCHEDULE 4

SCHEDULE 5

SCHEDULE 6

Part 1 — General

Population (Statistics) Act 1938 (c. 12)

1

• (1) 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)—

• (a) in paragraph (b), after “child,” insert “ or as a parent of the child by virtue of section 42 or 43 of the Human Fertilisation and Embryology Act 2008, ”, and

• (b) in paragraph (c)—

• (i) in sub-paragraph (i), after “marriage” insert “ or of their formation of a civil partnership ”, and

• (ii) at the beginning of each of sub-paragraphs (ii) and (iii) insert “ where the parents are married, ”.

• (2) Sub-paragraph (1)(b)(ii) does not extend to Scotland.

Births and Deaths Registration Act 1953 (c. 20)

2

In section 1 of the Births and Deaths Registration Act 1953 (particulars of births to be registered) after subsection (2) insert—

(3) 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 subsection (2)(a) to the father of the child is to be read as a reference to the woman who is a parent by virtue of that section.

3

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—

(2) In the case of a child who has a parent by virtue of section 42 or 43 of the Human Fertilisation and Embryology Act 2008, the references in subsection (1) to the father of the child are to be read as references to the woman who is a parent by virtue of that section.

4

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, ”.

5

• (1) Section 10 of the Births and Deaths Registration Act 1953 (registration of father where parents not married) is amended as follows.

• (2) For the heading to the section substitute “ Registration of father where parents not married or of second female parent where parents not civil partners ”.

• (3) After subsection (1A) insert—

(1B) Notwithstanding anything in the foregoing provisions of this Act and subject to section 10ZA of this Act, in the case of a child to whom section 1(3) of the Family Law Reform Act 1987 does not apply no woman shall as a parent of the child by virtue of section 43 of the Human Fertilisation and Embryology Act 2008 be required to give information concerning the birth of the child, and the registrar shall not enter in the register the name of any woman as a parent of the child by virtue of that section except— (a) at the joint request of the mother and the person stating herself to be the other parent of the child (in which case that person shall sign the register together with the mother); or (b) at the request of the mother on production of— (i) a declaration in the prescribed form made by the mother stating that the person to be registered (“the woman concerned”) is a parent of the child by virtue of section 43 of the Human Fertilisation and Embryology Act 2008; and (ii) a statutory declaration made by the woman concerned stating herself to be a parent of the child by virtue of section 43 of that Act; or (c) at the request of the woman concerned on production of— (i) a declaration in the prescribed form made by the woman concerned stating herself to be a parent of the child by virtue of section 43 of the Human Fertilisation and Embryology Act 2008; and (ii) a statutory declaration made by the mother stating that the woman concerned is a parent of the child by virtue of section 43 of that Act; or (d) at the request of the mother or the woman concerned on production of— (i) a copy of any agreement made between them under section 4ZA(1)(b) of the Children Act 1989 in relation to the child; and (ii) a declaration in the prescribed form by the person making the request stating that the agreement was made in compliance with section 4ZA of that Act and has not been brought to an end by an order of a court; or (e) at the request of the mother or the woman concerned on production of— (i) a certified copy of an order under section 4ZA of the Children Act 1989 giving the woman concerned parental responsibility for the child; and (ii) a declaration in the prescribed form by the person making the request stating that the order has not been brought to an end by an order of a court; or (f) at the request of the mother or the woman concerned on production of— (i) a certified copy of an order under paragraph 1 of Schedule 1 to the Children Act 1989 which requires the woman concerned to make any financial provision for the child and which is not an order falling within paragraph 4(3) of that Schedule; and (ii) a declaration in the prescribed form by the person making the request stating that the order has not been discharged by an order of a court.

• (4) After subsection (2) insert—

(2A) Where, in the case of a child to whom section 1(3) of the Family Law Reform Act 1987 does not apply, a person stating herself to be a parent of the child by virtue of section 43 of the Human Fertilisation and Embryology Act 2008 makes a request to the registrar in accordance with any of paragraphs (c) to (f) of subsection (1B)— (a) she shall be treated as a qualified informant concerning the birth of the child for the purposes of this Act; and (b) the giving of information concerning the birth of the child by that person and the signing of the register by her in the presence of the registrar shall act as a discharge of any duty of any other qualified informant under section 2 of this Act.

6

For section 10ZA of the Births and Deaths Registration Act 1953 substitute—

(10ZA) (1) Notwithstanding anything in the foregoing provisions of this Act, the registrar shall not enter in the register— (a) as the father of a child, the name of a man who is to be treated for that purpose as the father of the child by virtue of section 39(1) or 40(1) or (2) of the Human Fertilisation and Embryology Act 2008 (circumstances in which man to be treated as father of child for purposes of registration of birth where fertility treatment undertaken after his death); or (b) as a parent of the child, the name of a woman who is to be treated for that purpose as a parent of the child by virtue of section 46(1) or (2) of that Act (circumstances in which woman to be treated as parent of child for purposes of registration of birth where fertility treatment undertaken after her death), unless the condition in subsection (2) below is satisfied. (2) The condition in this subsection is satisfied if— (a) the mother requests the registrar to make such an entry in the register and produces the relevant documents; or (b) in the case of the death or inability of the mother, the relevant documents are produced by some other person who is a qualified informant. (3) In this section “the relevant documents” means— (a) the consent in writing and election mentioned in section 39(1), 40(1) or (2) or 46(1) or (2) (as the case requires) of the Human Fertilisation and Embryology Act 2008; (b) a certificate of a registered medical practitioner as to the medical facts concerned; and (c) such other documentary evidence (if any) as the registrar considers appropriate.

7

• (1) Section 10A of the Births and Deaths Registration Act 1953 (re-registration where parents not married) is amended as follows.

• (2) For the heading to the section substitute “ Re-registration where parents neither married nor civil partners ”.

• (3) In subsection (1)—

• (a) after “as the father of the child” insert “ (or as a parent of the child by virtue of section 42, 43 or 46(1) or (2) of the Human Fertilisation and Embryology Act 2008) ”, and

• (b) for paragraph (ff) substitute—

(ff) in the case of a man who is to be treated as the father of the child by virtue of section 39(1) or 40(1) or (2) of the Human Fertilisation and Embryology Act 2008, if the condition in section 10ZA(2) of this Act is satisfied; or

.

• (4) After subsection (1A) insert—

(1B) Where there has been registered under this Act the birth of a child to whom section 1(3) of the Family Law Reform Act 1987 does not apply, but no person has been registered as a parent of the child by virtue of section 42, 43 or 46(1) or (2) of the Human Fertilisation and Embryology Act 2008 (or as the father of the child), the registrar shall re-register the birth so as to show a woman (“the woman concerned”) as a parent of the child by virtue of section 43 or 46(1) or (2) of that Act— (a) at the joint request of the mother and the woman concerned; or (b) at the request of the mother on production of— (i) a declaration in the prescribed form made by the mother stating that the woman concerned is a parent of the child by virtue of section 43 of the Human Fertilisation and Embryology Act 2008; and (ii) a statutory declaration made by the woman concerned stating herself to be a parent of the child by virtue of section 43 of that Act; or (c) at the request of the woman concerned on production of— (i) a declaration in the prescribed form made by the woman concerned stating herself to be a parent of the child by virtue of section 43 of the Human Fertilisation and Embryology Act 2008; and (ii) a statutory declaration made by the mother stating that the woman concerned is a parent of the child by virtue of section 43 of that Act; or (d) at the request of the mother or the woman concerned on production of— (i) a copy of an agreement made between them under section 4ZA(1)(b) of the Children Act 1989 in relation to the child; and (ii) a declaration in the prescribed form by the person making the request stating that the agreement was made in compliance with section 4ZA of that Act and has not been brought to an end by an order of a court; or (e) at the request of the mother or the woman concerned on production of— (i) a certified copy of an order under section 4ZA of the Children Act 1989 giving the woman concerned parental responsibility for the child; and (ii) a declaration in the prescribed form by the person making the request stating that the order has not been brought to an end by an order of a court; or (f) at the request of the mother or the woman concerned on production of— (i) a certified copy of an order under paragraph 1 of Schedule 1 to the Children Act 1989 which requires the woman concerned to make any financial provision for the child and which is not an order falling within paragraph 4(3) of that Schedule; and (ii) a declaration in the prescribed form by the person making the request stating that the order has not been discharged by an order of a court; or (g) in the case of a woman who is to be treated as a parent of the child by virtue of section 46(1) or (2) of the Human Fertilisation and Embryology Act 2008, if the condition in section 10ZA(2) of this Act is satisfied.

• (5) In subsection (2), for paragraphs (b) to (c) substitute—

(b) in the case of any of the following requests— (i) a request under subsection (1)(a) or (b) or subsection (1B)(a) or (b); (ii) a request under subsection (1)(d), (e), (f) or (g) or subsection (1B)(d), (e) or (f) made by the mother of the child, the mother shall also sign the register; (bb) in a case within subsection (1)(ff) or (1B)(g), the mother or (as the case may be) the qualified informant shall also sign the register; (c) in the case of a request made under subsection (1)(a) or (c) or a request made under subsection (1)(d), (e), (f) or (g) by the person requesting to be registered as the father of the child, that person shall also sign the register; (cc) in the case of a request made under subsection (1B)(a) or (c) or a request made under subsection (1B)(d), (e) or (f) by a woman requesting to be registered as a parent of the child by virtue of section 43 of the Human Fertilisation and Embryology Act 2008, that woman shall also sign the register; and

.

8

In section 13 of the Births and Deaths Registration Act 1953 (registration of name of child or alteration of name) after subsection (1) insert—

(1ZA) 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 subsection (1)(b) to the father of the child is to be read as a reference to the woman who is a parent of the child by virtue of that section.

9

• (1) Section 14 of the Births and Deaths Registration Act 1953 (re-registration of births of legitimated persons) is amended as follows.

• (2) In subsection (1), in the proviso—

• (a) in paragraph (a), after “legitimated person” insert “ , or herself to be a parent of the legitimated person by virtue of section 43 of the Human Fertilisation and Embryology Act 2008, ”, and

• (b) in paragraph (b), after “the paternity of the legitimated person” insert “ (or, as the case may be, the parentage of the legitimated person by virtue of section 43 of that Act), ”.

• (3) In subsection (2)—

• (a) after “the marriage of his parents” insert “ or on their becoming civil partners of each other ”, and

• (b) after “the date of the marriage” insert “ or of the formation of the civil partnership ”.

10

• (1) Section 29A of the Births and Deaths Registration Act 1953 (alternative procedure for certain corrections) is amended as follows.

• (2) In subsection (1) for the words from “the father” to the end substitute

— (a) the father of the person to whose birth or death the entry relates; or (b) a parent of that person (having been so registered on the basis of being such a parent by virtue of 42, 43 or 46(1) or (2) of the Human Fertilisation and Embryology Act 2008).

• (3) 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 ”.

Registration of Births, Deaths and Marriages (Special Provisions) Act 1957 (c. 58)

11

• (1) Section 3A of the Births, Deaths and Marriages (Special Provisions) Act 1957 (alternative procedure for certain corrections) is amended as follows.

• (2) In subsection (1) for the words from “the father” to the end substitute

— (a) the father of the person to whose birth or death the entry relates, or (b) a parent of that person (having been so registered on the basis of being such a parent by virtue of 42, 43 or 46(1) or (2) of the Human Fertilisation and Embryology Act 2008).

• (3) 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 ”.

12

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—

(3) In relation to a person who has a parent by virtue of section 43 of the Human Fertilisation and Embryology Act 2008— (a) any reference to the person's father is a reference to the woman who is a parent by virtue of that section, (b) the reference in subsection (1) to the subsequent marriage of the person's parents is a reference to their subsequent formation of a civil partnership, and (c) the reference in that subsection to paternity is a reference to parentage by virtue of section 43 of that Act.

Family Law Reform Act 1969 (c. 46)

13

In section 25 of the Family Law Reform Act 1969 (interpretation of Part 3), in the definition of “excluded”—

• (a) for “and to” substitute “ , to ”, and

• (b) after “1990” insert “ and to sections 33 to 47 of the Human Fertilisation and Embryology Act 2008 ”.

Congenital Disabilities (Civil Liability) Act 1976 (c. 28)

14

In section 1 of the Congenital Disabilities (Civil Liability) Act 1976 (civil liability to child born disabled), after subsection (4) insert—

(4A) In the case of a child who has a parent by virtue of section 42 or 43 of the Human Fertilisation and Embryology Act 2008, the reference in subsection (4) to the child's father includes a reference to the woman who is a parent by virtue of that section.

15

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. ”

Legitimacy Act 1976 (c. 31)

16

After section 2 of the Legitimacy Act 1976 (legitimation by subsequent marriage of parents) insert—

(2A) Subject to the following provisions of this Act, where— (a) a person (“the child”) has a parent (“the female parent”) by virtue of section 43 of the Human Fertilisation and Embryology Act 2008 (treatment provided to woman who agrees that second woman to be parent), (b) at the time of the child's birth, the female parent and the child's mother are not civil partners of each other, (c) the female parent and the child's mother subsequently enter into a civil partnership, and (d) the female parent is at the date of the formation of the civil partnership domiciled in England and Wales, the civil partnership shall render the child, if living, legitimate from the date of the formation of the civil partnership.

17

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—

(2) Subject to the following provisions of this Act, where— (a) a person (“the child”) has a parent (“the female parent”) by virtue of section 43 of the Human Fertilisation and Embryology Act 2008 (treatment provided to woman who agrees that second woman to be parent), (b) at the time of the child's birth, the female parent and the child's mother are not civil partners of each other, (c) the female parent and the child's mother subsequently enter into a civil partnership, and (d) the female parent is not at the time of the formation of the civil partnership domiciled in England and Wales but is domiciled in a country by the law of which the child became legitimated by virtue of the civil partnership, the child, if living, shall in England and Wales be recognised as having been so legitimated from the date of the formation of the civil partnership notwithstanding that, at the time of the child's birth, the female parent was domiciled in a country the law of which did not permit legitimation by subsequent civil partnership.

18

In section 9 of the Legitimacy Act 1976 (re-registration of birth of legitimated persons)—

• (a) in subsection (1), after “marriage” insert “ or of the formation of the civil partnership ”, and

• (b) in subsection (3), after “marriage” insert “ or civil partnership ”.

19

In section 10 of the Legitimacy Act 1976 (interpretation), in the definition of “legitimated person”, in paragraph (a), after “section 2” insert “ , 2A ”.

Magistrates' Courts Act 1980 (c. 43)

20

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Supreme Court Act 1981 (c. 54)

21

In Schedule 1 to the Supreme Court Act 1981 (distribution of business in High Court), in paragraph 3(f), for sub-paragraph (iv) substitute—

(iv) section 54 of the Human Fertilisation and Embryology Act 2008;

.

British Nationality Act 1981 (c. 61)

22

In section 50 of the British Nationality Act 1981 (interpretation) in subsection (9A) (a child's father) for paragraphs (b) and (c) substitute—