The Act
4.The Act allows a man to be registered as the father of a child conceived after his death using his sperm or using an embryo created with his sperm before his death. This registration will not confer upon the child any legal status or rights as a consequence of that registration. This Act also enables a man to be registered as the father of a child conceived after his death using an embryo created using donor sperm before his death, again, without conferring upon the child any legal status or rights as a consequence of that registration.
5.The position under section 28(6) of the 1990 Act was that where the sperm of a man who had given consent in accordance with Schedule 3 to the Act for his gametes to be used for a particular purpose was used for that purpose, or the sperm of a man, or any embryo the creation of which was brought about with his sperm, was used after his death, he was not to be treated in law as the father of any resulting child for any purpose. The position was adopted in the legislation to ensure that a child born in these circumstances did not have any legal status or rights, the effect of which would be to prevent the winding-up of a man’s estate.
