Part 2
14.Part 2 replaces existing provision under the 1990 Act to determine legal parenthood for future cases involving assisted reproduction. The Act introduces a new concept of parenthood for a mother’s female partner in certain circumstances, making equivalent provision to that for opposite sex couples.
15.The 1990 Act provided that where an unmarried couple were “treated together” in a licensed clinic using donated sperm, the male partner would be regarded as the father of any child born as a result. “Treated together” in this context is a somewhat loose concept. Part 2 makes provision that both the prospective mother and the man (or in the case of persons in a same-sex relationship, the woman) who is intended to be the second parent of the child must consent in writing to what is intended.
16.Part 2 also makes provision in relation to parenthood in respect of children born after a surrogacy arrangement, which is intended to put same sex couples and unmarried opposite sex couples in the same position as married couples.
