The Human Fertilisation and Embryology Act 2008 (Commencement No.3) Order 2010

Made: 24th March 2010

Coming into force: 6th April 2010

The Secretary of State, in exercise of the powers conferred by sections 61 and 68 of the Human Fertilisation and Embryology Act 2008[^f00001] makes the following Order.

Citation

1

• (1) This Order may be cited as the Human Fertilisation and Embryology Act 2008 (Commencement No.3) Order 2010.

Commencement

2

6th April 2010 is the day appointed for the coming into force of the following provisions of the Human Fertilisation and Embryology Act 2008—

• (a) section 25 (restrictions on disclosure of information) in so far as not already in force;

• (b) section 26 (mitochondrial donation) in so far as not already in force;

• (c) section 54 (parental orders) in so far as not already in force;

• (d) section 56 (amendments relating to parenthood in cases involving assisted reproduction) in so far as not already in force;

• (e) section 57 (repeals and transitional provision relating to Part 2) in so far as not already in force;

• (f) section 66 (repeals and revocations) in so far as not already in force;

• (g) Schedule 6 (amendments relating to parenthood in cases involving assisted reproduction) in so far as not already in force; and

• (h) Schedule 8 (repeals and revocations) in so far as not already in force.

Signed

Signed by authority of the Secretary of State for Health.

Gillian Merron — Minister of State, — Department of Health — 24th March 2010

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order brings into force on 6th April 2010 the remaining provisions of the Human Fertilisation and Embryology Act 2008 (“the 2008 Act”) so far as they are not already in force by virtue of the Human Fertilisation and Embryology Act 2008 (Commencement No.1 and Transitional Provisions) Order 2009[^f00002] and the Human Fertilisation and Embryology Act 2008 (Commencement No.2 and Transitional Provision) and (Commencement No.1 Amendment) Order 2009[^f00003].

This Order brings into force section 54 of the 2008 Act, which makes new provision to enable parental orders to be granted not only to married couples but also to civil partners and two persons living as partners in an enduring family relationship, provided certain conditions are met. The current provision for parental orders in section 30 of the Human Fertilisation and Embryology Act 1990 (“the 1990 Act”) is repealed by this Order, although Orders made before 6th April 2010 under section 30 will remain valid. This Order also brings into force provisions which update the information provisions and powers relating to mitochondrial donation in the 1990 Act to reflect the new forms of parental orders.

Provision is also made to commence the remaining consequential amendments in Schedule 6 to amend other legislation affected by the new parental orders including, for example, legislation relating to child maintenance.

There are no other provisions under the 2008 Act to bring into force.

Footnotes

[^f00001]: 2008 c. 22.

[^f00002]: S.I. 2009/479, amended by S.I. 2009/2232.

[^f00003]: S.I. 2009/2232.

[^f00004]: Article 6(2) of S.I. 2009/479, which partially commenced provisions in Schedule 6, was amended by S.I. 2009/2232, article 3.