Part 2Parenthood in cases involving assisted reproduction

Meaning of “father”

35Woman married F2to F3, or civil partner of, a man at time of treatment

1

If—

a

at the time of the placing in her of the embryo or of the sperm and eggs or of her artificial insemination, W was a party to a marriage F1with a manF4or a civil partnership with a man, and

b

the creation of the embryo carried by her was not brought about with the sperm of the other party to the marriage F5or civil partnership,

then, subject to section 38(2) to (4), the other party to the marriage F5or civil partnership is to be treated as the father of the child unless it is shown that he did not consent to the placing in her of the embryo or the sperm and eggs or to her artificial insemination (as the case may be).

2

This section applies whether W was in the United Kingdom or elsewhere at the time mentioned in subsection (1)(a).