2010 No. 985
The Human Fertilisation and Embryology (Parental Orders) Regulations 2010
Made
Coming into force
The Secretary of State for Health makes these Regulations in exercise of the powers conferred by sections 55 and 61 of the Human Fertilisation and Embryology Act 20081.
A draft of this instrument was laid before Parliament in accordance with section 62(4) of that Act and approved by a resolution of each House of Parliament.
Citation, commencement, extent and interpretation1
1
These Regulations may be cited as the Human Fertilisation and Embryology (Parental Orders) Regulations 2010 and shall come into force on 6th April 2010.
2
Any provision of these Regulations which applies or modifies an enactment has the same extent as the enactment to which it relates.
3
Subject to paragraph (2), these Regulations extend to England and Wales, Scotland and Northern Ireland.
4
5
In these Regulations, and in any provision that is applied with modifications by regulation 2, 3 or 4 and Schedule 1, 2 or 3, “parental order” means an order under section 54 of the 2008 Act (parental orders) and, for the purposes of the provisions specified in paragraph (6), also includes an order under section 30 of the Human Fertilisation and Embryology Act 19905 (parental orders).
6
The provisions referred to in paragraph (5) are—
a
sections 60, 77 to 82 of, and Schedule 1 to, the 2002 Act, as applied with modifications by regulation 2 and Schedule 1;
b
Articles 50 to 54 of, and Schedule 2 to, the 1987 Order, as applied with modifications by regulation 3 and Schedule 2;
c
sections 53 to 57 of, and Schedule 1 to, the 2007 Act, as applied with modifications by regulation 4 and Schedule 3; and
d
paragraphs 1, 13, 17, 18 and 20 of Schedule 4 to these Regulations.
Application of certain provisions of the 2002 Act subject to modifications2
The provisions of the 2002 Act set out in column 1 of Schedule 1 have effect in relation to parental orders made in England and Wales and applications for such orders as they have effect in relation to adoption orders and applications for such orders, subject to the modifications set out in column 2 of that Schedule.
Application of certain provisions of the 1987 Order subject to modifications3
The provisions of the 1987 Order set out in column 1 of Schedule 2 have effect in relation to parental orders made in Northern Ireland and applications for such orders as they have effect in relation to adoption orders and applications for such orders, subject to the modifications set out in column 2 of that Schedule.
Application of certain provisions of the 2007 Act subject to modifications4
The provisions of the 2007 Act set out in column 1 of Schedule 3 have effect in relation to parental orders made in Scotland and applications for such orders as they have effect in relation to adoption orders and applications for such orders, subject to the modifications set out in column 2 of that Schedule.
References in enactments to be read as references to parental orders etc.5
In the enactments mentioned in column 1 of Schedule 4, the references mentioned in column 2 of that Schedule (which relate to adoption, adopted children or an adoptive relationship) are to be read as provided for in column 2.
Appeals: England and Wales6
In section 94 of the Children Act 19896 (which relates to appeals from decisions of a magistrates’ court in England and Wales) any reference to an order under the 2002 Act is to be read as including a reference to—
a
a parental order; and
b
an order under any provision of the 2002 Act as applied by regulation 2 and Schedule 1.
Family Proceedings Rules: England and Wales7
Until section 75 of the Courts Act 20037 (Family Procedure Rules) comes into force in relation to parental orders, section 141 of the 2002 Act as applied by regulation 2 and Schedule 1 is to have effect as if—
a
in subsection (1), the reference to Family Procedure Rules were a reference to rules of court made under section 40 of the Matrimonial and Family Proceedings Act 19848; and
b
that subsection did not apply in relation to proceedings before Magistrates’ Courts, but the powers to make rules conferred by section 144 of the Magistrates’ Courts Act 19809 included powers to make provision in respect of any of the matters mentioned in that subsection.
Signed by authority of the Secretary of State for Health.
SCHEDULE 1Application of Adoption and Children Act 2002 Provisions with Modifications to Parental Orders and Applications for such Orders
Column 1 | Column 2 |
---|---|
Provisions of the 2002 Act | Modifications |
Section 1 (considerations applying to the exercise of powers) |
|
Section 2(5) (basic definitions) | |
Section 36(1), (4), (6) and (7) (restrictions on removal) |
|
Section 37 (applicants for adoption) | As if after “section 36(1)(a),” there were inserted “as applied with modifications by regulation 2 of and Schedule 1 to the Parental Order Regulations”. |
Section 41 (recovery orders) |
|
Section 46(1) to (4) (adoption orders) |
|
Section 48 (restrictions on making adoption orders) |
|
Section 60(1) and (4) (disclosing information to adopted adult) |
|
Section 64(1) (other provision to be made by regulations) | As if section 64(1)(a) and (c) were omitted. |
Section 65(1) (sections 56 to 65: interpretation) |
|
Section 67(1) to (3), (5) and (6) (status conferred by adoption) |
|
Section 68(3) (adoptive relatives) | As if in section 68(3) for the words from “adoptive mother” onwards there were substituted “mother and father of a child who is the subject of a parental order obtained by two persons of the same sex is to be read as a reference to the child’s parents”. |
Section 69 (rules of interpretation for instruments concerning property) |
|
Section 71 (property devolving with peerages etc) |
|
Section 72 (1) (protection of trustees and personal representatives) | As if in section 72(1) for “adoption” there were substituted “parental order” and for “effected” there were substituted “made”. |
Section 73 (meaning of disposition) | As if in section 73(3) after the words “This Chapter” there were inserted “as applied with modifications by regulation 2 of and Schedule 1 to the Parental Order Regulations”. |
Section 74 (miscellaneous enactments)11 |
|
Section 75 (pensions) | As if for “person’s adoption” there were substituted “making of a parental order in respect of that person”. |
Section 76(1) (insurance) |
|
Section 77 (adopted children register) |
|
Section 78 (searches and copies)12 |
|
Section 79(1) to (3) and (7) to (9) (connections between the register and birth records)13 |
|
Section 82 (interpretation) | |
Section 83(1), (5) and (7) to (9) (restriction on bringing children in)14 |
|
Section 101(1) (privacy) | As if after “this Act” there were inserted “as applied with modifications by regulation 2 of and Schedule 1 to the Parental Order Regulations”. |
Section 102(1) to (4) and (6) to (8) (officers of the service)15 |
|
Section 104 (evidence of consent) | As if in section 104(1) after “this Part” there were inserted “as applied with modifications by regulation 2 of and Schedule 1 to the Parental Order Regulations or by section 54(6) of the 2008 Act”. |
Section 105(3) and (4) (effect of certain Scottish orders and provisions) |
|
Section 106(3) and (4) (effect of certain Northern Irish orders and provisions) |
|
Section 107 (use of adoption records from other parts of the British Islands) |
|
Section 140(1), (2) and (7) to (9) (orders, rules and regulations) |
|
Section 141(1), (3) to (6) (rules of procedure)16 |
|
Section 144(1) and (2) (general interpretation)17 |
|
Schedule 1, paragraph 1 (registration of adoption orders)18 |
|
Schedule 1, paragraph 2 (registration of adoptions in Scotland, Northern Ireland, the Isle of Man and the Channel Islands) |
|
Schedule 1, paragraph 4 (amendment of orders and rectification of Registers and other records) |
|
SCHEDULE 2Application of Adoption (Northern Ireland) Order 1987 Provisions with Modifications to Parental Orders and Applications for such Orders
Column 1 | Column 2 |
---|---|
Provisions of the 1987 Order | Modifications |
Article 2(1) to (2D) and (4) (interpretation) |
|
Article 9 (duty to promote the welfare of the child) |
|
Article 12(1) to (4) (adoption orders) |
|
Article 25(1) (restrictions on making adoption orders) |
|
Article 28(1) and (3) (restrictions on removal where adoption agreed or application made under Article 17(1) or 18(1) |
|
Article 30 (return of a child taken away in breach of Article 28 or 29) |
|
Article 40(1)(a), (2), (3), (4) and (6) (status conferred by adoption) |
|
Article 42 (rules of construction for instruments concerning property) |
|
Article 44 (property devolving with peerages, etc.) | As if for the words “An adoption” on each occasion they appear there were substituted “The making of a parental order”. |
Article 45 (protection of trustees and personal representatives) | As if in Article 45(1) for “adoption” there were substituted “parental order”. |
Article 46 (meaning of “disposition”) | As if for the words “this Part” each time they appear there were substituted “the application of Articles 40, 42, 44, 45 and 47 as applied with modifications by regulation 3 of and Schedule 2 to the Parental Order Regulations”. |
Article 47(1) and (2) (miscellaneous enactments) |
|
Article 50 (Adopted Children Register) |
|
Article 51(1), (3), (4), (6) and (7) (registration of adoption orders) |
|
Article 52(1) to (4) and (6) (amendment of orders and rectification of Registers) |
|
Article 53(1) and (2) (registration of adoptions made outside Northern Ireland) |
|
Article 54(1), (2), (4) and (5) (disclosure of birth records of adopted children) |
|
Article 62(1) (evidence of agreement and consent) |
|
Article 63(1) and (2) (evidence of adoptions, etc.) |
|
Article 64(3) (removal of proceedings and appeals) |
|
Article 65 (proceedings to be in private) | As if for “under Part III, Article 30 and Article 57” there were substituted “pursuant to section 54 of the Human Fertilisation and Embryology Act 2008”. |
Article 66 (guardians ad litem) |
|
Article 68 (regulations) | |
Schedule 2 (form of entry in Adopted Children Register) |
|
SCHEDULE 3Application of the Adoption and Children (Scotland) Act 2007 Provisions with Modifications to Parental Orders and Applications for such Orders
Column 1 | Column 2 |
---|---|
Provisions of the 2007 Act | Modifications |
Section 14(1) to (4) and (8) (considerations applying to the exercise of powers) |
|
Section 22 (restrictions on removal: application for adoption order pending) |
|
Section 24 (return of child removed in breach of certain provisions) |
|
Section 27(1) (contravention of sections 30 to 36 of 2002 Act) | As if in section 27(1) for “any of the provisions of the 2002 Act mentioned in subsection (2)” there were substituted “section 36(1) (removal of a child in non-agency case) of the 2002 Act as applied with modifications by regulation 2 of and Schedule 1 to the Parental Order Regulations”. |
Section 28 (adoption orders) |
|
Section 33(1) and (2) (restrictions on making orders) |
|
Section 35 (effect of order on existing rights etc.) |
|
Section 40(1) to (3), (5), (6) and (10) (status conferred by adoption) |
|
Section 41 (miscellaneous enactments) |
|
Section 42 (pensions) |
|
Section 43(1) to (3) (insurance) |
|
Section 53 (Adopted Children Register and index) |
|
Section 54 (searches and extracts) | As if for the words “Adopted Children Register” on each occasion they appear there were substituted “Parental Order Register”. |
Section 55(1) to (5) (connections between the register and birth records) |
|
Section 56 (admissibility of extracts as evidence) |
|
Section 57 (interpretation of chapter 5) |
|
Section 58(1), (2), (6) and (10) (restriction on bringing children into the United Kingdom) |
|
Section 77(1) (effect of certain orders made in England and Wales) | As if for section 77(1) there were substituted
|
Section 108(1) and (2) (Rules: appointment of curators ad litem and reporting officers) |
|
Section 109(1) (proceedings to be in private) | As if in section 109(1) for “relating to applications under any of the provisions mentioned in subsection (2)” there were substituted “in relation to a parental order or under section 24 (return of a child removed in breach of certain provisions) as applied with modifications by regulation 4 of and Schedule 3 to the Parental Order Regulations”. |
Section 111 (evidence of consent) |
|
Section 113 (admissibility of certain documents as evidence) |
|
Section 114(1) to (4) (rules of procedure) |
|
Section 117 (orders and regulations) |
|
Section 118 (meaning of “appropriate court”) |
|
Section 119(1) (interpretation) |
|
Schedule 1, paragraphs 1, 2 and 4 (registration of adoption orders) |
|
Schedule 1, paragraph 5 (registration of adoptions in other parts of the British Islands) |
|
Schedule 1, paragraph 7 (amendment of orders and rectification of registers) |
|
Schedule 1, paragraph 8 (marking of entries on re-registration of birth) |
|
SCHEDULE 4References in Enactments to be read as References to Parental Orders etc.
Column 1 | Column 2 |
---|---|
1. Schedule 1 to the Marriage Act 194919 (kindred and affinity) | Any reference to an adoptive relationship (however expressed) is to be read as including a reference to the corresponding relationship arising by virtue of a parental order. |
2. Section 37(1) of the Succession (Scotland) Act 196420 (exclusion of certain matters from operation of Act) | The reference to the 2007 Act is to be read as including a reference to the 2007 Act, as applied with modifications by these Regulations. |
3. Section 39E(5) of the Registration of Births, Deaths and Marriages (Scotland) Act 196521 (abbreviated extracts) | The reference to—
|
4. Section 43(1) of the Registration of Births, Deaths and Marriages (Scotland) Act 1965 (recording of baptismal name or change of name or surname) | The reference to the Adopted Children Register is to be read as including a reference to the Parental Order Register maintained by the Registrar General under section 53(1) of the 2007 Act, as applied with modifications by these Regulations. |
5. Article 37 of the Births and Deaths Registration (Northern Ireland) Order 197622 (registration or alteration of child’s name) | The references to the Adoption (Northern Ireland) Order 1987 and the Adopted Children Register maintained by the Registrar General under Article 50 of that Order, are to be read as including a reference to—
|
6. Section 65(1)(h) of the Magistrates’ Courts Act 198023 (meaning of family proceedings) | The reference to the Adoption and Children Act 2002 is to be read as including a reference to any provision of that Act as applied with modifications by regulation 2 of, and Schedule 1 to, these Regulations. |
7. Section 1(5)(a) and (5A)(a) of the British Nationality Act 198124 (acquisition by birth or adoption) | The reference to an order authorising the adoption of a minor is to be read as including a reference to a parental order in respect of a minor. The reference to the adopter or, in the case of a joint adoption, one of the adopters is to be read as including a reference to one of the persons who obtained the parental order. |
8. Paragraph 3 of Schedule 1 to the Senior Courts Act 198125 (Distribution of Business in High Court: Family Division) | The reference to causes and matters relating to adoption is to be read as including a reference to proceedings under any provision of the Adoption and Children Act 2002 as applied with modifications by regulation 2 of, and Schedule 1 to, these Regulations. |
9. Section 2(5)(a) of the Foster Children (Scotland) Act 198426 (exceptions to section 1) | The reference to a child being placed in the care of a person who proposes to adopt the child under arrangements made by an adoption agency within the meaning of the provisions mentioned in that paragraph is to be read as including a reference to a child being in the care of persons who propose to apply for a parental order in respect of that child. |
10. Paragraph 5(vii) of Schedule 3 to the Child Abduction and Custody Act 198527 (Custody Orders: Scotland) | The reference to an adoption order is to be read as including a reference to a parental order. |
11. Section 1(1)(b)(x) of the Family Law Act 198628 (child custody) | The reference to an adoption order is to be read as including a reference to a parental order. |
12. Paragraph 5 of Schedule 8 to the Children Act 198929 (privately fostered children: exemptions) | The reference to a child being placed in the care of a person who proposes to adopt the child under arrangements made by an adoption agency within the meaning of the provisions mentioned in that paragraph is to be read as including a reference to a child being in the care of persons who propose to apply for a parental order in respect of that child. |
13. Sections 27(2) (meaning of mother) and 28(5)(c) (meaning of father) of the Human Fertilisation and Embryology Act 199030 | The references to adoption are to be read as including references to a parental order. |
14. Section 6(2)(c) and (d), (5) and (7)(b) of the Judicial Pensions and Retirement Act 199331 (grant and payment of a children’s pension) | The references to adopted children are to be read as including children in respect of whom a parental order has been made. The reference to the intention of adopting the child includes a reference to the intention of applying for a parental order in respect of a child. |
15. Section 2(1)(d)(iii) of the Civil Evidence (Family Mediation)(Scotland) Act 199532 (exceptions to the general rule of inadmissibility) | The reference to an adoption order is to be read as including a reference to a parental order. |
16. Paragraph (7)(a) of Article 107 of the Children (Northern Ireland) Order 199533 (privately fostered children further defined) | The reference to a child being placed in the care of a person who proposes to adopt the child under arrangements made by an adoption agency within the meaning of the provisions mentioned in that paragraph is to be read as including a reference to a child being in the care of persons who propose to apply for a parental order in respect of that child. |
17. Sections 64 and 65 of the Sexual Offences Act 200334 (sex with an adult relative: penetration) | Any reference to an adoptive relationship (however expressed) is to be read as including a reference to the corresponding relationship arising by virtue of a parental order. |
18. Schedule 1 to the Civil Partnership Act 200435 (prohibited degrees of relationship: England and Wales) | Any reference to an adoptive relationship (however expressed) is to be read as including a reference to the corresponding relationship arising by virtue of a parental order. |
19. Section 58(2)(k) of the Local Electoral Administration and Registration Services (Scotland) Act 200636 (issuing of other material kept or held by Registrar General) | The references to the Adopted Children Register and to any register or book are to be read as including references to the Parental Order Register maintained by the Registrar General under section 53(1) of the 2007 Act and to any register or book maintained in pursuance of section 55(1) of that Act, both as applied with modifications by these Regulations. |
20. Sections 33(2) (meaning of mother) and 38(4) (further provision relating to sections 35 and 36) of the 2008 Act | The references to adoption are to be read as including a reference to a parental order. |
(This note is not part of the Regulations)