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SCHEDULES

SCHEDULE 6U.K.Amendments relating to parenthood in cases involving assisted reproduction

Part 1 U.K.General

Births and Deaths Registration Act 1953 (c. 20)U.K.

6U.K.For section 10ZA of the Births and Deaths Registration Act 1953 substitute—

10ZARegistration of father or second female parent by virtue of certain provisions of Human Fertilisation and Embryology Act 2008

(1)Notwithstanding anything in the foregoing provisions of this Act, the registrar shall not enter in the register—

(a)as the father of a child, the name of a man who is to be treated for that purpose as the father of the child by virtue of section 39(1) or 40(1) or (2) of the Human Fertilisation and Embryology Act 2008 (circumstances in which man to be treated as father of child for purposes of registration of birth where fertility treatment undertaken after his death); or

(b)as a parent of the child, the name of a woman who is to be treated for that purpose as a parent of the child by virtue of section 46(1) or (2) of that Act (circumstances in which woman to be treated as parent of child for purposes of registration of birth where fertility treatment undertaken after her death),

unless the condition in subsection (2) below is satisfied.

(2)The condition in this subsection is satisfied if—

(a)the mother requests the registrar to make such an entry in the register and produces the relevant documents; or

(b)in the case of the death or inability of the mother, the relevant documents are produced by some other person who is a qualified informant.

(3)In this section “the relevant documents” means—

(a)the consent in writing and election mentioned in section 39(1), 40(1) or (2) or 46(1) or (2) (as the case requires) of the Human Fertilisation and Embryology Act 2008;

(b)a certificate of a registered medical practitioner as to the medical facts concerned; and

(c)such other documentary evidence (if any) as the registrar considers appropriate.

Commencement Information

I1Sch. 6 para. 6 wholly in force at 1.9.2009; Sch. 6 para. 6 not in force at Royal Assent see s. 68; Sch. 6 para. 6 in force for certain purposes at 6.4.2009 and at 1.9.2009 otherwise by S.I. 2009/479, art. 6(1)(e){(2)} (with Sch.)