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Human Fertilisation and Embryology (Deceased Fathers) Act 2003

Schedule

25.Paragraph 1 of the Schedule to the Act inserts a new subsection (4A) after section 9(4) of the Births and Deaths Registration Act 1953 (“the 1953 Act”). This new section enables a person who makes a request under new section 10ZA of that Act to include that request in a declaration under section 10(1) of that Act. Where this happens, the documents required by section 10ZA to be produced are to be produced to the officer in whose presence the declaration is made and will be sent by him with the declaration to the registrar.

26.Paragraph 2 of the Schedule makes a consequential amendment to section 10(1) of the 1953 Act.

27.Paragraph 3 inserts a new section 10ZA after section 10 of the 1953 Act to allow the registrar to enter in the register as the father of a child the name of a man who is to be treated for that purpose as the father of the child by virtue of the new section 28(5A), (5B), (5C) or (5D) of the 1990 Act. Before the entry can be made the mother must produce to the registrar the relevant documents set out in new section 10ZA(3). In the case of the death or inability of the mother, the relevant documents may be produced by another person who is a qualified informant, for example, a person who was present at the birth. The relevant documents include the written election and the written consent mentioned in the new section 28(5A), (5B), (5C) or (5D) and a certificate of a registered medical practitioner as to the medical facts concerned.

28.Paragraph 4 of the Schedule inserts a new section 10A(1)(ff) into the 1953 Act. This provides for re-registration where no person has been registered as the father of the child. The effect of this is that the registrar shall re-register the birth so as to show a person as the father in the case of a man who is to be treated as the father of the child by virtue of the new section 28(5A), (5B), (5C) or (5D) of the 1990 Act, at the request of the mother, or a qualified informant in the case of her death or inability, and on production of the relevant documents (see paragraph 27 above).

29.Paragraph 5 of the Schedule makes a consequential amendment to section 10A(2) of the 1953 Act.

30.Paragraphs 6 and 7 insert equivalent provisions to those mentioned in paragraphs 26 and 27 above into Scottish legislation.

31.Paragraphs 8, 9 and 10 insert equivalent provisions to those mentioned in paragraphs 26 and 27 above in Northern Ireland legislation.

32.Paragraphs 11 and 12 insert a minor consequential amendment in section 15(3)(a) of the Adoption (Scotland) Act 1978 and the Adoption (Northern Ireland) Order 1987 respectively.

33.Paragraphs 13, 14, 15, 16 and 17 make necessary minor consequential amendments to the 1990 Act.

34.Paragraph 18 makes a necessary minor amendment to the Adoption and Children Act 2002.

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