Human Fertilisation and Embryology Act 2008

Children Act 1989 (c. 41)

26 (1) Section 2 of the Children Act 1989 (parental responsibility for children) is amended as follows.

(2) After subsection (1) insert—

“(1A) Where a child—

(a) has a parent by virtue of section 42 of the Human Fertilisation and Embryology Act 2008; or

(b) has a parent by virtue of section 43 of that Act and is a person to whom section 1(3) of the Family Law Reform Act 1987 applies,

the child’s mother and the other parent shall each have parental responsibility for the child.”

(3) After subsection (2) insert—

“(2A) Where a child has a parent by virtue of section 43 of the Human Fertilisation and Embryology Act 2008 and is not a person to whom section 1(3) of the Family Law Reform Act 1987 applies—

(a) the mother shall have parental responsibility for the child;

(b) the other parent shall have parental responsibility for the child if she has acquired it (and has not ceased to have it) in accordance with the provisions of this Act.”