Human Fertilisation and Embryology Act 2008

Children (Scotland) Act 1995 (c. 36)U.K.

48U.K.In section 1(1) of the Children (Scotland) Act 1995 (parental responsibilities), after “3(1)(b)” insert “ , and (d) ”.

49U.K.In section 2(1) of the Children (Scotland) Act 1995 (parental rights), after “3(1)(b)” insert “ , and (d) ”.

50(1)Section 3 of the Children (Scotland) Act 1995 (provisions relating both to parental responsibilities and parental rights) is amended as follows.U.K.

(2)After subsection (1)(b), insert—

“(c)without prejudice to any arrangements which may be made under subsection (5) below, where a child has a parent by virtue of section 42 of the Human Fertilisation and Embryology Act 2008, that parent has parental responsibilities and parental rights in relation to the child;

(d)without prejudice to any arrangements which may be made under subsection (5) below and subject to any agreement which may be made under section 4A(1) of this Act, where a child has a parent by virtue of section 43 of the Human Fertilisation and Embryology Act 2008, that parent has parental responsibilities and parental rights in relation to the child if she is registered as a parent of the child under any of the enactments mentioned in subsection (3A).”

(3)After subsection (3), insert—

“(3A)Those enactments are—

(a)paragraphs (a), (b) and (d) of section 18B(1) and section 18B(3)(a) of the Registration of Births, Deaths and Marriages (Scotland) Act 1965;

(b)paragraphs (a), (b) and (c) of section 10(1B) and of section 10A(1B) of the Births and Deaths Registration Act 1953;

(c)sub-paragraphs (a), (b) and (c) of Article 14ZA(3) of the Births and Deaths Registration (Northern Ireland) Order 1976.”

(4)In subsection (5), for “section 4(1)” substitute “ sections 4(1) and 4A(1) ”.

51U.K.After section 4 of the Children (Scotland) Act 1995 insert—

“4AAcquisition of parental responsibilities and parental rights by second female parent by agreement with mother

(1)Where—

(a)a child's mother has not been deprived of some or all of the parental responsibilities and parental rights in relation to the child; and

(b)the child has a parent by virtue of section 43 of the Human Fertilisation and Embryology Act 2008 and that parent is not registered as such under any of the enactments mentioned in section 3(3A),

the mother and the other parent may by agreement provide that, as from the appropriate date, the other parent shall have the parental responsibilities and rights (in the absence of any order under section 11 of this Act affecting responsibilities and rights) as if the other parent were treated as a parent by virtue of section 42 of that Act of 2008.

(2)Section 4(2), (3) and (4) applies in relation to an agreement under subsection (1) of this section as it applies in relation to an agreement under subsection (1) of section 4.”

52(1)Section 11 of the Children (Scotland) Act 1995 (court orders relating to parental responsibilities) is amended as follows.U.K.

(2)In subsection (4)(c)—

(a)for “subsection (9) of section 30 of the Human Fertilisation and Embryology Act 1990 (provision for enactments about adoption to have effect with modifications)” substitute “ section 55(1) of the Human Fertilisation and Embryology Act 2008 (parental orders: supplementary provision) ”, and

(b)for “subsection (1) of that section” substitute “ section 54 of that Act ”.

(3)In subsection (11), after “4(2)” insert “ or 4A(2) ”.

53U.K.In section 12(4)(b) of the Children (Scotland) Act 1995 (meaning of “child of the family” in civil partnership cases)—

(a)the words from “who” to the end become sub-paragraph (i), and

(b)after that sub-paragraph insert “; or

(ii)whose parents are the partners (being parents by virtue of sections 33 and 42 of the Human Fertilisation and Embryology Act 2008).”

54U.K.In section 15(1) of the Children (Scotland) Act 1995 (interpretation of Part 1), in the definition of “parent”—

(a)after “1990” insert “ and Part 2 of the Human Fertilisation and Embryology Act 2008 ”, and

(b)for “subsection (9) of the said section 30” substitute “ section 55(1) of that Act of 2008 ”.