The Parental Orders (Human Fertilisation and Embryology) (Scotland) Regulations 1994

Section 41

9.  Section 41(1)(1) and (2)(2) shall have effect with the substitution for subsection (1) of the following:–

    “Miscellaneous

(1) Notwithstanding the effect of the making of a parental order but without prejudice to section 39(1)(a), the child who is the subject of that parental order shall be treated for the purposes of determining the forbidden degrees of consanguinity and affinity in respect of the law relating to marriage and in respect of the crime of incest, as if–

(a) he were the child of the parties to the marriage who applied for the parental order; and

(b) he were also the child of any other person who, prior to the making of the parental order, was the mother or father by virtue of section 27 or 28 of the 1990 Act, or otherwise.”.

(1)

Section 41(1) was amended by the Incest and Related Offences (Scotland) Act 1986 (c. 36), Schedule 1, paragraph 5.

(2)

Section 41(2) was amended by the British Nationality Act 1981 (c. 61), Schedules 7 and 9.