Part 2

Parenthood in cases involving assisted reproduction

Meaning of “father”

Woman married at time of treatment
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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, and
b
the creation of the embryo carried by her was not brought about with the sperm of the other party to the marriage,
then, subject to section 38(2) to (4), the other party to the marriage 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).