Human Fertilisation and Embryology Act 2008

Children (Scotland) Act 1995 (c. 36)

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

“4A Acquisition 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.”