Human Fertilisation and Embryology (Deceased Fathers) Act 2003
Jurisdiction | UK Non-devolved |
Citation | 2003 c. 24 |
(1) After section 28(5) of the Human Fertilisation and Embryology Act 1990 (c. 37) (meaning of “father”) there shall be inserted—
- “(5A) If—
- (a) a child has been carried by a woman as the result of the placing in her of an embryo or of sperm and eggs or her artificial insemination,
- (b) the creation of the embryo carried by her was brought about by using the sperm of a man after his death, or the creation of the embryo was brought about using the sperm of a man before his death but the embryo was placed in the woman after his death,
- (c) the woman was a party to a marriage with the man immediately before his death,
- (d) the man consented in writing (and did not withdraw the consent) —
- (i) to the use of his sperm after his death which brought about the creation of the embryo carried by the woman or (as the case may be) to the placing in the woman after his death of the embryo which was brought about using his sperm before his death, and
- (ii) to being treated for the purpose mentioned in subsection (5I) below as the father of any resulting child,
- “(3A) Subsections (1) to (3) above do not apply in relation to the treatment in law of a deceased man in a case to which section 28(5A) , (5B) , (5C) or (5D) of this Act applies.
- (3B) Where subsection (5A) , (5B) , (5C) or (5D) of section 28 of this Act applies, the deceased man—
- (a) is to be treated in law as the father of the child for the purpose referred to in...
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