The Service Departments Registers (Amendment) Order 2009

Amendment of article 3B of the principal Order

3.  Article 3B of the principal Order is amended as follows—

(1) For the heading to the article substitute “Registration of father or second woman as parent”.

(2) For paragraph (1) substitute—

“(1) Notwithstanding anything in the foregoing provisions of this Order, a registering officer shall not enter in a register provided under this Order—

(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 paragraph (2) of this article is satisfied.”.

(3) In paragraph (3) for “28(5A), (5B), (5C) or (as the case may be) (5D) of the Human Fertilisation and Embryology Act 1990;” substitute “39(1) or 40(1) or (2) or 46(1) or (2) (as the case may be) of the Human Fertilisation and Embryology Act 2008;”.