The Parental Orders (Prescribed Particulars and Forms of Entry) Regulations 2010

Statutory Instruments

2010 No. 1205

Registration Of Births, Deaths, Marriages Etc., England And Wales

The Parental Orders (Prescribed Particulars and Forms of Entry) Regulations 2010

Made

6th April 2010

Laid before Parliament

8th April 2010

Coming into force

30th April 2010

The Registrar General, in exercise of the powers conferred by sections 77(6), 78(3)(1) and 140(8) of, and paragraph 1(1)(2) of Schedule 1 to, the Adoption and Children Act 2002(3) as applied with modifications by regulation 2 of, and Schedule 1 to, the Human Fertilisation and Embryology (Parental Orders) Regulations 2010(4) and as extended by section 26(3) of the Welsh Language Act 1993(5), with the approval of the Secretary of State, makes the following Regulations:

Citation and commencement

1.  These Regulations may be cited as the Parental Orders (Prescribed Particulars and Forms of Entry) Regulations 2010 and shall come into force on 30th April 2010.

Prescribed particulars

2.  The following particulars are prescribed for the purposes of section 78(3) of the Adoption and Children Act 2002 (Prescribed particulars to accompany application for certified copy of entry relating to a person who has not attained the age of 18 years) as applied with modifications by regulation 2 of, and Schedule 1 to, the Human Fertilisation and Embryology (Parental Orders) Regulations 2010 —

(a) the full name of the child;

(b) the date of birth of the child; and

(c) the full name of the parents.

Prescribed form of entry in the Parental Order Register

3.  The entry to be made in the Parental Order Register pursuant to a direction made by—

(a) a court sitting in England, shall be in the form prescribed in Schedule 1 to these Regulations;

(b) a court sitting in Wales, shall be in the form prescribed in Schedule 2 to these Regulations.

Revocation

4.  The Forms of Entry for Parental Orders Regulations 1994(6) are revoked.

Given under my hand on

James Hall

Registrar General

6th April 2010

I approve

Meg Hillier

Parliamentary Under-Secretary of State

6th April 2010

Regulation 3(a)

SCHEDULE 1 FORM OF ENTRY IN THE PARENTAL ORDER REGISTER (ENGLAND)

Regulation 3(b)

SCHEDULE 2 FORM OF ENTRY IN THE PARENTAL ORDER REGISTER (WALES)

EXPLANATORY NOTE

This note is not part of the Regulations

These Regulations prescribe in regulation 2 the particulars which must accompany an application for a certified copy of an entry in the Parental Order Register relating to a person who has not attained the age of 18 years, and prescribe in regulation 3, and Schedules 1 and 2, the form of entry to be made in the Parental Order Register pursuant to a direction made by a court granting a parental order under section 54 of the Human Fertilisation and Embryology Act 2008. Such an order may be granted in respect of a child who is born as a result of a surrogacy arrangement and who is the genetic child of at least one of the applicants for that order. The applicants for such an order must be: (a) husband and wife; (b) civil partners of each other; or (c) two persons who are living as partners in an enduring family relationship and are not within prohibited degrees of relationship in relation to each other (as defined in section 58(2) of the Human Fertilisation and Embryology Act 2008).

(1)

Section 78(3) was amended by S.I. 2008/678, articles 3(1) and 5(1), paragraph 12(a) of Schedule 1, and paragraph 12(a) of Schedule 2.

(2)

Paragraph 1(1) was amended by S.I. 2008/678, articles 3(1) and 5(1), paragraph 12(f) of Schedule 1, and paragraph 12(f) of Schedule 2.

(3)

2002 c. 38.

(4)

S.I. 2010/985.

(5)

1993 c. 38.

(6)

S. I. 1994/2981.