Act of Sederunt (Child Care and Maintenance Rules) 1997

Rule 2.46(1)

FORM 22 S Form of petition for parental order under section 30 of the Human Fertilisation and Embryology Act 1990

SHERIFFDOM OF (insert name of sheriffdom)

AT (insert place of sheriff court)

PETITION

of

[A.B.](designation and address)

and

[C.D.](designation and address)

[or serial number where one has been assigned]

Petitioners

for

A parental order under section 30 of the Human Fertilisation and Embryology Act 1990

in respect of

[E.F.](nameas in birth certificate)

The petitioners condescend as follows—

1.  The petitioners are married to each other, are domiciled in Scotland and reside at (state full address). S

2.  The petitioners are respectively and years of age. S

3.  (State name of child, the subject of the petition) is male [or female] and is months old having been born on at. S

4.  The child was received into the home of the petitioners on S

5.  The child was carried by a woman other than the female petitioner as the result of the placing in her of an embryo [or the placing in her of sperm and eggs][or her artificial insemination]. S

6.  The gametes of (state which petitioner or if both state both petitioners) were used to bring about the creation of the embryo of the child. S

7.  The child is not the subject of any other pending or completed court proceedings (if the child is so subject give full details). S

[8.  (State full name and address of the father of the child), who is not the male petitioner, is the father of the child by virtue of section 28 of the Human Fertilisation and Embryology Act 1990 [or otherwise] and has freely and with full understanding of what is involved, agreed unconditionally to the making of the order sought.] S

[[9.]  (State full name and address of the woman who carried the child), is the woman who carried the child and has freely and with full understanding of what is involved, agreed unconditionally to the making of the order sought.] S

[10.]  No money or benefit, other than for expenses reasonably incurred, has been given or received by the petitioners for or in consideration of S

(a) the making of the order sought;

(b) any agreement required for the making of the order sought;

(c) the handing over of the child to the petitioners, or

(d) the making of any arrangements with a view to the making of the order,

[other than (state any money or other benefit given or received by authority of the court and specify such authority)].

[[11.]  The father of the child [and][or][the woman who carried the child] cannot be found (state the efforts which have been made to find the person(s) concerned) [or is [or are] incapable of giving agreement by reason of (state reasons)].] S

The petitioner crave the court –

1.  To order notice of the petition to be intimated to such person or persons as the court thinks fit. S

2.  To appoint a reporting officer and a curatorad litem to the child and direct them to report. S

[3.  To dispense with the agreement of the father of the child [and] [or] [the woman who carried the child] who cannot be found [or who is [or are] incapable of giving agreement].] S

[4.]  On resuming consideration of this petition and the report by the reporting officer and the curatorad litem, to make a parental order in their favour under section 30 of the Human Fertilisation and Embryology Act 1990 in respect of the child. S

[5.]  To direct the Registrar General for Scotland to make an entry regarding the parental order in the Parental Order Register in the form prescribed by him giving as the fore-name(s) and as the surname of the child; and upon proof to the satisfaction of the court in the course of the proceedings to follow hereon, to find that the child was born on the day of in the year and is identical with the child to whom an entry numbered and made on the day of in the year , in the register of births for the registration district of relates; and to direct the Registrar General for Scotland to cause such birth entry to be marked with the words “Parental Order" and to include the above mentioned date of birth in the entry recording the parental order in the manner indicated in that form. S

[6.]  To pronounce such other or further orders or directions upon such matters, including the expenses of this petition, as the court thinks fit. S

(Signed)

Male petitioner

(Signed)

Female petitioner

[or (Signed)

Solicitor for petitioners

(Address)]