Part 2

Parenthood in cases involving assisted reproduction

Meaning of “father”

Treatment provided to woman where agreed fatherhood conditions apply
36
If no man is treated by virtue of section 35 as the father of the child and no woman is treated by virtue of section 42 as a parent of the child but—
a
the embryo or the sperm and eggs were placed in W, or W was artificially inseminated, in the course of treatment services provided in the United Kingdom by a person to whom a licence applies,
b
at the time when the embryo or the sperm and eggs were placed in W, or W was artificially inseminated, the agreed fatherhood conditions (as set out in section 37) were satisfied in relation to a man, in relation to treatment provided to W under the licence,
c
the man remained alive at that time, and
d
the creation of the embryo carried by W was not brought about with the man's sperm,
then, subject to section 38(2) to (4), the man is to be treated as the father of the child.