Welfare Reform Act 2009

Children Act 1989 (c. 41)

22 (1) Section 4ZA of the Children Act 1989 (acquisition of parental responsibility by second female parent) is amended as follows.

(2) At the beginning of subsection (1)(a) insert “except where subsection (3A) applies,”.

(3) In subsection (2), after paragraph (a) insert—

“(aa) regulations under section 2C, 2D, 10B or 10C of the Births and Deaths Registration Act 1953;”.

(4) After subsection (3) insert—

“(3A) A person who is a parent of a child by virtue of section 43 of the Human Fertilisation and Embryology Act 2008 does not acquire parental responsibility by virtue of subsection (1)(a) if, before she became registered as a parent of the child under the enactment in question—

(a) the court considered an application by her for an order under subsection (1)(c) in relation to the child but did not make such an order, or

(b) in a case where she had previously acquired parental responsibility for the child, the court ordered that she was to cease to have that responsibility.”