The Human Fertilisation and Embryology (Parental Orders) Regulations 2018

8.  Article 40(1), (2), (3), (4) and (6)(1) (status conferred by adoption) has effect as if— U.K.

(a) for the words “an adopted child” in each place they appear there were substituted “a child who is the subject of a parental order”;

(b) in paragraph (1), for sub-paragraphs (a) and (b), there were substituted—

“as if he had been born as a child of the persons who obtained the parental order under section 54 of the 2008 Act or the person who obtained the parental order under section 54A of that Act”; and

(c) for paragraph (2) there were substituted—

“(2) A child who is the subject of a parental order shall be treated in law as if that child were not the child of any person other than the persons who obtained the parental order under section 54 of the 2008 Act or the person who obtained the parental order under section 54A of that Act.”;

(d) for paragraph (3) there were substituted—

“Paragraph (2) (as applied with modifications by regulation 4 of and Schedule 3 to the Parental Order Regulations) does not apply so as to prevent a child who is the subject of a parental order from continuing to be treated as the child of a person who was in law the child’s parent before the order was made for the purposes of the Table in Article 18(1) of the Family Law (Miscellaneous Provisions) (Northern Ireland) Order 1984(2) or for the purposes of Schedule 12 to the Civil Partnerships Act 2004(3)”;

(e) in paragraph (6)—

(i) in each place that the word “adoption” appears, there were substituted “parental order was made”;

(ii) after “Article” there were inserted “(as applied with modifications by regulation 4 of and Schedule 3 to the Parental Order Regulations); and

(iii) the words “Subject to the provisions of this Part” and “, or after the commencement of this Part, whichever is the later” were omitted.

Commencement Information

I1 Sch. 3 para. 8 in force at 21.12.2018, see reg. 1(1)

(1)

Article 40 was amended by section 4 of the Adoption (Intercountry Aspects) Act (Northern Ireland) 2001 (c. 11) and section 203 of the Civil Partnership Act 2004.

(2)

S.I. 1984 No. 1984 NI 14. The table was amended by paragraph 64 of Schedule 29 to the Civil Partnership Act 2004 and article 3 of the Law Reform (Miscellaneous Provisions) (Northern Ireland) Order 2006 (S.I. 2006 No. 1945 NI 14).

(3)

Schedule 12 was amended by the Law Reform (Miscellaneous Provisions) (Northern Ireland) Order 2006.