Human Fertilisation and Embryology Act 1990

29 Effect of sections 27 and 28. U.K.

(1) Where by virtue of section 27 or 28 of this Act a person is to be treated as the mother or father of a child, that person is to be treated in law as the mother or, as the case may be, father of the child for all purposes.

(2) Where by virtue of section 27 or 28 of this Act a person is not to be treated as the mother or father of a child, that person is to be treated in law as not being the mother or, as the case may be, father of the child for any purpose.

(3) Where subsection (1) or (2) above has effect, references to any relationship between two people in any enactment, deed or other instrument or document (whenever passed or made) are to be read accordingly.

[F1 (3A) Subsections (1) to (3) above do not apply in relation to the treatment in law of a deceased man in a case to which section 28(5A),(5B), (5C) or (5D) of this Act applies.

(3B) Where subsection (5A), (5B), (5C) or (5D) of section 28 of this Act applies, the deceased man—

(a) is to be treated in law as the father of the child for the purpose referred to in that subsection, but

(b) is to be treated in law as not being the father of the child for any other purpose.

(3C) Where subsection (3B) above has effect, references to any relationship between two people in any enactment, deed or other instrument or document (whenever passed or made) are to be read accordingly.

(3D) In subsection (3C) above “enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament or Northern Ireland legislation.]

(4) In relation to England and Wales and Northern Ireland, nothing in the provisions of section 27(1) or 28(2) to (4) [F2 or (5A) to (5I)], read with this section, affects—

(a) the succession to any dignity or title of honour or renders any person capable of succeeding to or transmitting a right to succeed to any such dignity or title, or

(b) the devolution of any property limited (expressly or not) to devolve (as nearly as the law permits) along with any dignity or title of honour.

(5) In relation to Scotland—

(a) those provisions do not apply to any title, coat of arms, honour or dignity transmissible on the death of the holder thereof or affect the succession thereto or the devolution thereof, and

(b) where the terms of any deed provide that any property or interest in property shall devolve along with a title, coat of arms, honour or dignity, nothing in those provisions shall prevent that property or interest from so devolving.

Textual Amendments

F1 S. 29(3A)-(3D) inserted (1.12.2003) by Human Fertilisation and Embryology (Deceased Fathers) Act 2003 (c. 24), s. 1(2); S.I. 2003/3095, art. 2

F2 Words in s. 29(4) inserted (1.12.2003) by Human Fertilisation and Embryology (Deceased Fathers) Act 2003 (c. 24), s. 2(1), Sch. para. 16; S.I. 2003/3095, art. 2

Modifications etc. (not altering text)

C1 Ss. 27-29 excluded (6.4.2009) by Human Fertilisation and Embryology Act 2008 (c. 22), ss. 57(2), 68(2); S.I. 2009/479, art. 6(1)(b) (with art. 7 Sch.)

Commencement Information

I1 S. 29 wholly in force at 1.8.1991 see s. 49(2) and S.I. 1991/1400, art. 2(2)