The Human Fertilisation and Embryology (Parental Orders) Regulations 2018

9.  Article 42 (rules of construction for instruments concerning property) has effect as if—

(a) in paragraph (1) after “this Article” there were inserted “(as applied with modifications by regulation 4 of and Schedule 3 to the Parental Order Regulations)”;

(b) for paragraph (2) there were substituted—

“(2) In applying Article 40(1) (as applied with modifications by regulation 4 of and Schedule 3 to the Parental Order Regulations) to a disposition which depends on the date of birth of a child or children of the person or persons who obtained the parental order, the distribution shall be construed as if—

(a) the child who is the subject of the parental order had been born on the date the parental order was made,

(b) two or more children in respect of whom parental orders were made on the same date had been born on that date in the order of their actual births.”;

(c) in paragraph (3), after “paragraph (2)” there were inserted “(as applied with modifications by regulation 4 of and Schedule 3 to the Parental Order Regulations)”;

(d) in paragraph (4)—

(i) after “Article 40(2)” there were inserted “(as applied with modifications by regulation 4 of and Schedule 3 to the Parental Order Regulations)”;

(ii) for “adopted child” there were substituted “child who is the subject of the parental order”; and

(iii) for “adoption” there were substituted “making of the parental order”; and

(e) in paragraph (5)—

(i) for “adopt” there were substituted “obtain a parental order in respect of”; and

(ii) after “Article 40” there were inserted “(as applied with modifications by regulation 4 of and Schedule 3 to the Parental Order Regulations)”.