The Parental Orders (Human Fertilisation and Embryology) (Scotland) Regulations 1994

Section 12

3.  Section 12(1) shall have effect as follows:–

“Parental orders

12.— (1) Without prejudice to section 30(1) of the 1990 Act (which empowers the court to make an order providing for a child to be treated in law as the child of the parties to a marriage), a parental order vests the parental rights and duties relating to the child in the parties to the marriage, namely the husband and the wife.

(2) The parental order does not affect the parental rights and duties so far as they relate to any period before the making of the order.

(3) The making of a parental order operates to extinguish–

(a) any parental right or duty relating to the child which, immediately before the making of the order, was vested in a person (not being either the husband or the wife) who was–

(i) the mother or father of the child by virtue of section 27 or 28 of the 1990 Act, or otherwise; or

(ii) a guardian of the child appointed by a deed or by the order of a court;

(b) any duty owed to or by the child–

(i) to pay or provide aliment in respect of any period occurring after the making of the order;

(ii) to make payment arising out of parental rights and duties in respect of such a period.

(4) Nothing in subsection (3) shall–

(a) extinguish any duty arising under a deed or agreement which constitutes a trust or which expressly provides that the duty is not to be extinguished by the making of a parental order;

(b) of itself terminate the appointment or functions of any judicial factor loco tutoris or curator bonis appointed to administer the whole or any part of the child’s estate.

(5) A parental order may contain such terms and conditions as the court thinks fit.”.

(1)

Section 12(3) was amended by the Age of Legal Capacity (Scotland) Act 1991 (c. 50), Schedule 2.