SCHEDULES

SCHEDULE 6Amendments relating to parenthood in cases involving assisted reproduction

Part 1General

Children Act 1989 (c. 41)

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1

Section 2 of the Children Act 1989 (parental responsibility for children) is amended as follows.

2

After subsection (1) insert—

1A

Where a child—

a

has a parent by virtue of section 42 of the Human Fertilisation and Embryology Act 2008; or

b

has a parent by virtue of section 43 of that Act and is a person to whom section 1(3) of the Family Law Reform Act 1987 applies,

the child's mother and the other parent shall each have parental responsibility for the child.

3

After subsection (2) insert—

2A

Where a child has a parent by virtue of section 43 of the Human Fertilisation and Embryology Act 2008 and is not a person to whom section 1(3) of the Family Law Reform Act 1987 applies—

a

the mother shall have parental responsibility for the child;

b

the other parent shall have parental responsibility for the child if she has acquired it (and has not ceased to have it) in accordance with the provisions of this Act.