The Human Fertilisation and Embryology (Consequential Amendments and Transitional and Saving Provisions) Order 2009

British Protectorates, Protected States and Protected Persons Order 1982

10.—(1) The British Protectorates, Protected States and Protected Persons Order 1982(1) is amended as follows.

(2) For article 3 (legitimated children) substitute—

“Legitimated children

3.— (1) A person legitimated by the subsequent marriage or civil partnership of his parents shall, as from the date of the marriage or civil partnership, be treated, for the purpose of determining whether he is a British protected person under this Order, as if he had been born legitimate.

(2) A person shall be deemed for the purposes of this Article to have been legitimated by the subsequent marriage or civil partnership of his parents if, by the law of the place in which the father or second female parent was domiciled at the time of the marriage or civil partnership, the marriage or civil partnership operated immediately or subsequently to legitimise them, and not otherwise.

(3) In paragraph (2) “second female parent” means the woman who is a parent of the child by virtue of—

(a) section 42 of the Human Fertilisation and Embryology Act 2008(2) (which relates to treatment provided to a woman who is at the time of treatment a party to a civil partnership or, in certain circumstances a void civil partnership); or

(b) section 43 of that Act (which relates to treatment provided to a woman who agrees that second woman to be parent) where the woman—

(i) is the civil partner of the child’s mother at the time of the child’s birth, or

(ii) was the civil partner of the child’s mother at any time during the period beginning with the time mentioned in section 43(b) of that Act and ending with the child’s birth.”.

(3) In article 4 (posthumous children) for “father or mother” in the first two places that those words occur substitute “father, mother or parent by virtue of section 42 or 43 of the Human Fertilisation and Embryology Act 2008.”.

(4) In article 7 (provisions)—

(a) in paragraph (1), for “either his father or his mother” substitute “his father, his mother or a woman who is his parent by virtue of section 42 or 43 of the Human Fertilisation and Embryology Act 2008”; and

(b) in paragraph (2)(b), for “either his father or mother” substitute “his father, his mother or a woman who is his parent by virtue of section 42 or 43 of the Human Fertilisation and Embryology Act 2008”.

(1)

S.I. 1982/1070 as amended by the British Overseas Territories Act 2002 (c. 8).

(2)

2008 c. 22.