SCHEDULES

SCHEDULE 6Amendments relating to parenthood in cases involving assisted reproduction

Part 3Enactments relating only to Northern Ireland

Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I. 2))

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1

Article 7 of the Children (Northern Ireland) Order 1995 (acquisition of parental responsibility) is amended as follows.

2

In paragraph (1)(b), omit “(a “parental responsibility agreement”)”.

3

After paragraph (1) insert—

1ZA

Where a child has a parent by virtue of section 43 of the Human Fertilisation and Embryology Act 2008 and is not a person to whom Article 155(3) applies, that parent shall acquire parental responsibility for the child if—

a

she becomes registered as a parent of the child;

b

she and the child's mother make an agreement providing for her to have parental responsibility for the child; or

c

the court, on her application, orders that she shall have parental responsibility for the child.

1ZB

An agreement under paragraph (1)(b) or (1ZA)(b) is known as a “parental responsibility agreement”.

4

After paragraph (2) insert—

2A

In paragraph (1)(a) “registered” means registered under—

a

Article 14(3)(a), (b) or (c) of the Births and Deaths Registration (Northern Ireland) Order 1976;

b

paragraph (a), (b) or (c) of section 10(1) or 10A(1) of the Births and Deaths Registration Act 1953; or

c

paragraph (a), (b)(i) or (c) of section 18(1) of the Registration of Births, Deaths and Marriages (Scotland) Act 1965.

2B

In paragraph (1ZA)(a) “registered” means registered under—

a

Article 14ZA(3)(a), (b) or (c) of the Births and Deaths Registration (Northern Ireland) Order 1976;

b

paragraph (a), (b) or (c) of section 10(1B) and of section 10A(1B) of the Births and Deaths Registration Act 1953; or

c

paragraph (a), (b) or (d) of section 18B(1) of, or sections 18B(3)(a) and 20(1)(a) of, the Registration of Births, Deaths and Marriages (Scotland) Act 1965.

5

In paragraph (3), omit the words from “and “registered”” to the end.

6

In paragraph (3A), after “paragraph (1)” insert “ , (1ZA) ”.

7

In paragraph (4)—

a

for “the father” substitute “ a parent ”, and

b

after “paragraph (1)(c)” insert “ or (1ZA)(c) ”.