(1)The agreed fatherhood conditions referred to in section 36(b) are met in relation to a man (“M”) in relation to treatment provided to W under a licence if, but only if,—
(a)M has given the person responsible a notice stating that he consents to being treated as the father of any child resulting from treatment provided to W under the licence,
(b)W has given the person responsible a notice stating that she consents to M being so treated,
(c)neither M nor W has, since giving notice under paragraph (a) or (b), given the person responsible notice of the withdrawal of M’s or W’s consent to M being so treated,
(d)W has not, since the giving of the notice under paragraph (b), given the person responsible—
(i)a further notice under that paragraph stating that she consents to another man being treated as the father of any resulting child, or
(ii)a notice under section 44(1)(b) stating that she consents to a woman being treated as a parent of any resulting child, and
(e)W and M are not within prohibited degrees of relationship in relation to each other.
(2)A notice under subsection (1)(a), (b) or (c) must be in writing and must be signed by the person giving it.
(3)A notice under subsection (1)(a), (b) or (c) by a person (“S”) who is unable to sign because of illness, injury or physical disability is to be taken to comply with the requirement of subsection (2) as to signature if it is signed at the direction of S, in the presence of S and in the presence of at least one witness who attests the signature.