The Family Proceedings Courts (Children Act 1989) (Amendment) Rules 1994

PART IIAProceedings under section 30 of the Human Fertilisation and Embryology Act 19903

21A

Interpretation

21B

Application of the remaining provisions of these Rules

21C

Parties

21D

Answer

21E

Appointment and duties of the guardian ad litem

21F

Personal attendance of applicants

21G

Copies of orders

21H

Amendment and revocation of orders

21I

Keeping of registers, custody, inspection and disclosure of documents and information

21J

Application for removal, return etc. of child

PART IIAPROCEEDINGS UNDER SECTION 30 OF THE HUMAN FERTILISATION AND EMBRYOLOGY ACT 1990.

Interpretation21A

1

In this Part of these Rules—

• “the 1990 Act” means the Human Fertilisation and Embryology Act 1990;

• “the birth father” means the father of the child, including a person who is treated as being the father of the child by section 28 of the 1990 Act where he is not the husband within the meaning of section 30 of the 1990 Act;

• “the birth mother” means the woman who carried the child;

• “the birth parents” means the birth mother and the birth father;

• “the guardian ad litem” means the guardian appointed in accordance with rule 21E;

• “the husband and wife” means the persons who may apply for a parental order where the conditions set out in section 30(1) of the 1990 Act are met;

• “parental order” means an order under section 30 of the 1990 Act (parental orders in favour of gamete donors) providing for a child to be treated in law as a child of the parties to a marriage.

2

Applications under section 30 of the 1990 Act are specified proceedings for the purposes of section 41 of the Children Act 19894 in accordance with section 41(6)(i) of that Act.

Application of the remaining provisions of these Rules21B

Subject to the provisions of this Part, the remaining provisions of these Rules shall apply as appropriate with any necessary modifications to proceedings under this Part except that rules 7(1), 9, 10(1)(b), 10(11), 11(2), 11(3) and 12 shall not apply.

Parties21C

The applicants shall be the husband and wife and the respondents shall be the persons set out in the relevant entry in column (iii) of Schedule 2.

Answer21D

Within 14 days of the service of an application for a parental order, each respondent shall file and serve on all the other parties an answer in Form CHA75.

Appointment and duties of the guardian ad litem21E

1

As soon as practicable after the application has been filed, the justices' clerk shall consider the appointment of a guardian ad litem in accordance with section 41(1) of the Children Act 1989.

2

The guardian ad litem shall be appointed from a panel established in accordance with the Guardians ad Litem and Reporting Officers (Panels) Regulations 19915.

3

In addition to such of the matters set out in rule 11 as are appropriate, the guardian ad litem shall—

i

investigate the matters set out in section 30(1) to (7) of the 1990 Act;

ii

so far as he considers necessary, investigate any matter contained in the application form or other matter which appears relevant to the making of a parental order;

iii

advise the court on whether there is any reason under section 6 of the Adoption Act 19766, as applied with modifications by the Parental Orders (Human Fertilisation and Embryology) Regulations 19947, to refuse the parental order.

Personal attendance of applicants21F

The court shall not make a parental order except upon the personal attendance before it of the applicants.

Copies of orders21G

1

Where a parental order is made by a court sitting in Wales in respect of a child who was born in Wales and the applicants so request before the order is drawn up, the justices' clerk shall obtain a translation into Welsh of the particulars set out in the order.

2

Within 7 days after the making of a parental order, the justices' clerk shall send a copy of the order to the Registrar General8.

3

A copy of any parental order may be supplied to the Registrar General at his request.

Amendment and revocation of orders21H

1

Any application made under paragraph 4 of Schedule 1 to the Adoption Act 1976 as modified by the Parental Orders (Human Fertilisation and Embryology) Regulations 1994 for the amendment of a parental order or for the revocation of a direction to the Registrar General9 shall be made to a family proceedings court for the same petty sessions area as the family proceedings court which made the parental order, by delivering it to or sending it by post to the clerk to the justices.

2

Notice of the application shall be given by the justices' clerk to such persons (if any) as the court thinks fit.

3

Where the application is granted, the justices' clerk shall send to the Registrar General a notice specifying the amendments or informing him of the revocation and shall give sufficient particulars of the order to enable the Registrar General to identify the case.

Keeping of registers, custody, inspection and disclosure of documents and information21I

1

Such part of the register kept in pursuance of rules made under the Magistrates' Courts Act 1980 as relates to proceedings for parental orders shall be kept in a separate book and the book shall not contain particulars of any other proceedings.

2

The book kept in pursuance of paragraph (1) and all other documents relating to the proceedings for a parental order shall, while they are in the custody of the court, be kept in a place of special security.

3

Any person who obtains information in the course of, or relating to proceedings for a parental order, shall treat that information as confidential and shall only disclose it if—

a

the disclosure is necessary for the proper exercise of his duties, or

b

the information is requested—

i

by a court or public authority (whether in Great Britain or not) having the power to determine proceedings for a parental order and related matters, for the purpose of the discharge of its duties in that behalf, or

ii

by a person who is authorised in writing by the Secretary of State to obtain the information for the purposes of research.

Application for removal, return etc. of child21J

1

An application under sections 27(1), 29(1) or 29(2) of the Adoption Act 1976 as applied with modifications by the Parental Orders (Human Fertilisation and Embryology) Regulations 1994 shall be made by complaint to the family proceedings court in which the application under section 30 of the 1990 Act is pending.

2

The respondents shall be all the parties to the proceedings under section 30 and such other person or body, not being the child, as the court thinks fit.

3

The justices' clerk shall serve notice of the time fixed for the hearing, together with a copy of the complaint on the guardian ad litem who may attend on the hearing of the application and be heard on the question of whether the application should be granted.

4

The court may at any time give directions as to the conduct of the application under this rule.

5

Where an application under this rule is determined, the justices' clerk shall serve notice of the determination on all the parties.

6

A search warrant issued by a justice of the peace under section 29(4) of the Adoption Act 1976 (applied as above) (which relates to premises specified in an information to which an order made under the said section 29(1) relates, authorising a constable to search the said premises and if he finds the child to return the child to the person on whose application the said order was made) shall be in a warrant form as if issued under section 102 of the Children Act 1989 (warrant to search for or remove a child) or a form to the like effect.