SCHEDULES

SCHEDULE 6Amendments relating to parenthood in cases involving assisted reproduction

Part 3Enactments relating only to Northern Ireland

Legitimacy Act (Northern Ireland) 1928 (c. 5 (N.I.))

58

(1)

Section 8 of the Legitimacy Act (Northern Ireland) 1928 (provisions as to persons legitimated by extraneous law) is amended as follows.

(2)

After subsection (1) insert—

“(1A)

Where—

(a)

a person (“the child”) has a parent (“the female parent”) by virtue of section 43 of the Human Fertilisation and Embryology Act 2008 (treatment provided to woman who agrees that second woman to be parent);

(b)

at the time of the child's birth, the female parent and the child's mother are not civil partners of each other;

(c)

the female parent and the child's mother subsequently enter into a civil partnership; and

(d)

the female parent is at the time of the formation of the civil partnership domiciled in a country, other than Northern Ireland, by the law of which the child became legitimated by virtue of the civil partnership;

the child, if living, shall in Northern Ireland be recognised as having been so legitimated from the date of the formation of the civil partnership notwithstanding that, at the time of the child's birth, the female parent was not domiciled in a country the law of which permitted legitimation by subsequent civil partnership.”