Part 2

Parenthood in cases involving assisted reproduction

Cases in which woman to be other parent

Further provision relating to sections 42 and 43
45
1
Where a woman is treated by virtue of section 42 or 43 as a parent of the child, no man is to be treated as the father of the child.
2
In England and Wales and Northern Ireland, sections 42 and 43 do not affect any presumption, applying by virtue of the rules of common law or section A1(2) of the Legitimacy Act 1976 or section 2(1)(a) of the Family Law Act (Northern Ireland) 2001, that a child is the legitimate child of the parties to a marriage or civil partnership.
3
In Scotland, sections 42 and 43 do not apply in relation to any child who, by virtue of any enactment or other rule of law, is treated as the child of the parties to a marriage or civil partnership.
4
Sections 42 and 43 do not apply to any child to the extent that the child is treated by virtue of adoption as not being the woman's child.
Words in s. 45(2) inserted (E.W.S.) (2.12.2019) by The Civil Partnership (Opposite-sex Couples) Regulations 2019 (S.I. 2019/1458), regs. 1(2), 16(6)(a); and said words in s. 45(2) also inserted (N.I.) (13.1.2020) by The Marriage (Same-sex Couples) and Civil Partnership (Opposite-sex Couples) (Northern Ireland) Regulations 2019 (S.I. 2019/1514), regs. 1(2), 26(6)(a) (with regs. 6-9)
Words in s. 45(2) inserted (E.W.S.) (2.12.2019) by The Civil Partnership (Opposite-sex Couples) Regulations 2019 (S.I. 2019/1458), regs. 1(2), 16(6)(b); and said words in s. 45(2) also inserted (N.I.) (13.1.2020) by The Marriage (Same-sex Couples) and Civil Partnership (Opposite-sex Couples) (Northern Ireland) Regulations 2019 (S.I. 2019/1514), regs. 1(2), 26(6)(c) (with regs. 6-9)
Words in s. 45(2) inserted (E.W.N.I.) (13.1.2020) by The Marriage (Same-sex Couples) and Civil Partnership (Opposite-sex Couples) (Northern Ireland) Regulations 2019 (S.I. 2019/1514), regs. 1(2), 26(6)(b) (with regs. 6-9)
Words in s. 45(3) inserted (27.1.2022) by The Civil Partnership (Scotland) Act 2020 and Marriage and Civil Partnership (Scotland) Act 2014 (Consequential Modifications) Order 2022 (S.I. 2022/74), art. 1, Sch. 1 para. 2(3)