The Parental Orders (Human Fertilisation and Embryology) Regulations 1994

Made: 28th October 1994

Coming into force: 1st November 1994

The Secretary of State in exercise of the powers conferred on her by sections 30(9) and 45(1) and (3) of the Human Fertilisation and Embryology Act 1990 and of all other powers enabling her in that behalf hereby makes the following Regulations:—

Citation, commencement, interpretation and extent

1

• (1) These Regulations may be cited as the Parental Orders (Human Fertilisation and Embryology) Regulations 1994 and shall come into force on 1st November 1994.

• (2) In these Regulations unless the context otherwise requires—

• “the 1990 Act” means the Human Fertilisation and Embryology Act 1990;

• “the 1976 Act” means the Adoption Act 1976[^f00002] and references to sections are to sections of the 1976 Act;

• “the Order” means the Adoption (Northern Ireland) Order 1987[^f00003] and references to articles are to articles of the Order;

• “parental order” means an order under section 30 of the 1990 Act (parental orders in favour of gamete donors) providing for a child to be treated in law as a child of the parties to a marriage.

• (3) These Regulations extend to England and Wales and Northern Ireland.

Application of Adoption Act 1976 provisions with modifications to parental orders and applications for such orders

2

The provisions of the 1976 Act set out in column 1 of Schedule 1 to these Regulations shall have effect with the modifications (if any) set out in column 2 of that Schedule in relation to parental orders made in England and Wales and applications for such orders, as they have effect in relation to adoption and applications for adoption orders.

Application of Adoption (Northern Ireland) Order 1987 provisions with modifications to parental orders and applications for such orders

3

The provisions of the Order set out in column 1 of Schedule 2 to these Regulations shall have effect with the modifications (if any) set out in column 2 of that Schedule in relation to parental orders made in Northern Ireland and applications for such orders as they have effect in relation to adoption and applications for adoption orders.

References in enactments to be read as references to parental orders etc

4

Schedule 3 shall have effect so that the references mentioned in column 2, where they appear in the enactments mentioned in relation to them in column 1, shall be read in relation to parental orders and applications for such orders as provided for in column 2.

SCHEDULE 1 — APPLICATION OF ADOPTION ACT 1976 PROVISIONS WITH MODIFICATIONS TO PARENTAL ORDERS AND APPLICATIONS FOR SUCH ORDERS

1

• (a) Section 6 (duty to promote the welfare of the child)

2

Section 39(1)(a), (2), (4) and (6) (status conferred by adoption)

3

• (a) Section 42 (rules of construction for instruments concerning property)

4

• (a) Section 50 (Adopted Children Register)

5

• (a) Section 61(1) (evidence of agreement and consent)

6

Section 67(1), (2), (5) and (6) (orders, rules and regulations)

7

Section 72(1)[^f00013] (interpretation)

8

• (a) Schedule 1, paragraph 1

SCHEDULE 2 — APPLICATION OF ADOPTION (NORTHERN IRELAND) ORDER 1987 PROVISIONS WITH MODIFICATIONS TO PARENTAL ORDERS AND APPLICATIONS FOR SUCH ORDERS

1

Article 2 (interpretation)

2

• (a) Article 9 (duty to promote the welfare of the child)

3

Article 40 (1)(a), (2), (3)(a), (4) and (6) (status conferred by adoption)

4

• (a) Article 42 (rules of construction for instruments concerning property)

5

• (a) Article 50 (Adopted Children Register)

6

• (a) Article 62(1) (evidence of agreement and consent)

7

Schedule 2 (Form of Entry in Adopted Children Register)

SCHEDULE 3 — REFERENCES IN ENACTMENTS TO BE READ AS REFERENCES TO PARENTAL ORDERS ETC

1

Article 37 of the Birth and Deaths Registration (Northern Ireland) Order 1976[^f00015]

2

Paragraph 5(a) of Schedule 8 to the Children Act 1989[^f00016]

3

Sections 27(2) and 28(5)(c) of the 1990 Act

Signed

Virginia Bottomley — One of Her Majesty’s Principal Secretaries of State — 28th October 1994

Explanatory note

(This note is not part of the Regulations)

These Regulations apply, with modifications, certain sections of the Adoption Act 1976 (“the 1976 Act”) (in regulation 2 and Schedule 1) and Articles of the Adoption (Northern Ireland) Order 1987 (“the Order”) (in regulation 3 and Schedule 2) to give effect to the arrangements by which a parental order may be obtained under section 30 of the Human Fertilisation and Embryology Act 1990 in England, Wales and Northern Ireland. Such an order may be granted by a court in respect of a child who is born as a result of a surrogacy arrangement and who is the genetic child of at least one of the applicants for the parental order.

Certain adoption provisions are applied by the Regulations which set out the approach to be followed in applications for parental orders. In particular, the duty to safeguard and promote the welfare of the child throughout his childhood as the first consideration of the court will attach to any decision of a court relating to parental orders.

They make provision for the interpretation of certain events that may be affected by the making of such an order. These include the rules of construction for instruments concerning property, property devolving with peerages and the protection of trustees and personal representatives.

The Regulations also make provision for the procedural aspects of applications under section 30.

The Regulations also make provision for the registration of parental orders in a Parental Order Register to be maintained by the Registrar General at the General Register Office.

There are detailed provisions as to the making of entries in the Parental Order Register and the marking of existing entries in the Register of Births. The Regulations make provision for the issue of a certified copy of an entry in the Register, which may be received as evidence of the birth of the child.

The Regulations also make provision for the person who is the subject of a parental order to be supplied with information enabling him to obtain a certified copy of the record of his birth. The provisions require that he must first be advised of the counselling services available to him.

Further consequential provisions are set out in Schedule 3.

The Department of Health has prepared guidance on the Regulations which sets out the text of the provisions of the 1976 Act and Order as modified by the Regulations. Copies may be obtained free of charge from HP(A)3C Division, Department of Health, Wellington House, 133-155 Waterloo Road, London SE1 8UG.

Footnotes

[^f00001]: 1990 c. 37.

[^f00002]: 1976 c. 36.

[^f00003]: S.I. 1987 No. 2203 (N.I. 22). Articles 2, 54 and 66 have been amended by Schedule 1 to the Health and Personal Social Services (Northern Ireland) Order 1994 (1994 No. 429 (N.I. 2)).

[^f00004]: Section 12(1), (2) and (3) have been amended by section 88(1) of and paragraph 3 of Schedule 10 to the Children Act 1989 (c. 41).

[^f00005]: Section 27(1) has been amended by section 88(1) of and paragraph 12 of Schedule 10 to the Children Act 1989.

[^f00006]: Section 29 has been amended by section 88(1) of and paragraph 15 of Schedule 10 to the Children Act 1989.

[^f00007]: Section 47 has been amended by section 52 of and Schedule 7 to the British Nationality Act 1981 (c. 61) and by article 8 of and the Schedule to the Hong Kong (British Nationality) Order 1986 (S.I. 1986/948).

[^f00008]: 1949 c. 76 Schedule 1 has been amended by section 1(6) of and Schedule 1 to the Marriage (Prohibited Degrees of Relationship) Act 1986 (c. 16) and section 108(1)(a) of and Schedule 3 to the Children Act 1975 (c. 72).

[^f00009]: 1956 c. 69.

[^f00010]: Section 51(1) was amended by section 88(1) of and paragraph 20(1) of Schedule 10 to the Children Act 1989 (c. 41); section 51(3) to (9) were substituted by paragraph 20(2) of that Schedule.

[^f00011]: Section 63(2) has been amended by section 30(1) of and Schedule 10 to the Health and Social Services and Social Security Adjudications Act 1983 (c. 41).

[^f00012]: Section 64 has been amended by sections 73 and 89 of and Schedule 3 to the Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22).

[^f00013]: Section 72 has been amended by section 154 of and paragraph 142 of Schedule 7 to the Magistrates' Courts Act 1980 (c. 43) and by section 9 of and paragraph 37 of Schedule 2 to the Health and Social Services and Social Security Adjudications Act 1983 (c. 41) and by sections 7 and 33 of and paragraph 68 of Schedule 2 to the Family Law Reform Act 1987 (c. 42) and by section 88 and 108(7) of and paragraph 30 of Schedule 10 and Schedule 15 of Children Act 1989 (c. 41).

[^f00014]: S.I. 1993 No. 1576 (N.I. 6).

[^f00015]: S.I. 1976/1041 (NI 14). Article 37(1) was amended by paragraph 13 of Schedule 4 to the Adoption (NI) Order 1987 (S.I. 1987/2203) (NI 22).

[^f00016]: 1989 c. 41.