Parental Orders (Human Fertilisation and Embryology) Regulations 1994

JurisdictionUK Non-devolved
CitationSI 1994/2767

1994 No. 2767

HUMAN FERTILISATION AND EMBRYOLOGY

The Parental Orders (Human Fertilisation and Embryology) Regulations 1994

Made 28th October 1994

Coming into force 1st November 1994

Whereas a draft of this instrument was laid before Parliament in accordance with section 45(4) of the Human Fertilisation and Embryology Act 19901and approved by resolution of each House of Parliament.

The Secretary of State in exercise of the powers conferred on her by sections 30(9) and 45(1) and (3) of the Human Fertilisation and Embryology Act 1990 and of all other powers enabling her in that behalf hereby makes the following Regulations:—

S-1 Citation, commencement, interpretation and extent

Citation, commencement, interpretation and extent

1.—(1) These Regulations may be cited as the Parental Orders (Human Fertilisation and Embryology) Regulations 1994 and shall come into force on 1st November 1994.

(2) In these Regulations unless the context otherwise requires—

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

the 1976 Act” means the Adoption Act 19762and references to sections are to sections of the 1976 Act;

“the Order” means the Adoption (Northern Ireland) Order 19873and references to articles are to articles of the Order;

“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.

(3) These Regulations extend to England and Wales and Northern Ireland.

S-2 Application of Adoption Act 1976 provisions with modifications to parental orders and applications for such orders

Application of Adoption Act 1976 provisions with modifications to parental orders and applications for such orders

2. The provisions of the 1976 Act set out in column 1 of Schedule 1 to these Regulations shall have effect with the modifications (if any) set out in column 2 of that Schedule in relation to parental orders made in England and Wales and applications for such orders, as they have effect in relation to adoption and applications for adoption orders.

S-3 Application of Adoption (Northern Ireland) Order 1987 provisions with modifications to parental orders and applications for such orders

Application of Adoption (Northern Ireland) Order 1987 provisions with modifications to parental orders and applications for such orders

3. The provisions of the Order set out in column 1 of Schedule 2 to these Regulations shall have effect with the modifications (if any) set out in column 2 of that Schedule in relation to parental orders made in Northern Ireland and applications for such orders as they have effect in relation to adoption and applications for adoption orders.

S-4 References in enactments to be read as references to parental orders etc

References in enactments to be read as references to parental orders etc

4. Schedule 3 shall have effect so that the references mentioned in column 2, where they appear in the enactments mentioned in relation to them in column 1, shall be read in relation to parental orders and applications for such orders as provided for in column 2.

Virginia Bottomley

One of Her Majesty’s Principal Secretaries of State

Department of Health

28th October 1994

SCHEDULE 1

Regulation 2

APPLICATION OF ADOPTION ACT 1976 PROVISIONS WITH MODIFICATIONS TO PARENTAL ORDERS AND APPLICATIONS FOR SUCH ORDERS

Column 1

Column 2

provisions of the 1976 Act

modifications

Applications by Gamete Donors for a parental order

1. (a) Section 6 (duty to promote the welfare of the child)

(i) As if for the words “the adoption of a child” there were substituted the words “an application for a parental order”; and

(ii) as if the words “or adoption agency” were omitted.

(b) Section 12(1) to (3)4(adoption orders)

(i) As if for the words “an adoption order” on each occasion they appear there were substituted the words “a parental order”;

(ii) as if in subsection (1) for the word “adopters” there were substituted the words “husband and wife” and as if for the words “an authorised” there were substituted the word “the”.

(c) Section 24(1) (restrictions on making adoption orders)

(i) As if for the words “an adoption order” there were substituted the words “a parental order”; and

(ii) as if for the words “a British adoption order” there were substituted the words “such an order”.

(d) Section 27(1)5(restrictions on removal while application is pending)

As if for the words “an adoption order is pending in a case where a parent or guardian of the child has agreed to the making of the adoption order (whether or not he knows the identity of the applicant)” there were substituted the words “a parental order is pending”.

(e) Section 296(return of a child taken away in breach of section 27 or 28 of the 1976 Act)

(i) As if for paragraphs (a) to (c) of subsections (1) and (2) there were substituted the words

“(a) section 27 as applied with modifications by regulation 2 of and paragraph 1(d) of Schedule 1 to the Parental Orders (Human Fertilisation and Embryology) Regulations 1994,

(b) section 27 of the Adoption (Scotland) Act 1978 as applied with modifications by regulation 2 of and Schedule 1 to the Parental Orders (Human Fertilisation and Embryology) (Scotland) Regulations 1994,

(c) Article 28 of the Adoption (Northern Ireland) Order 1987 as applied with modifications by regulation 3 of and paragraph 2(d) of Schedule 2 to the Parental Orders (Human Fertilisation and Embryology) Regulations 1994.”; and

(ii) as if for the words “an authorised” there were substituted on each occasion they appear the word “the”.

Effect of a parental order

2. Section 39(1)(a), (2), (4) and (6) (status conferred by adoption)

(i) As if for the words “an adopted child” there were substituted, on each occasion they appear, the words “a child who is the subject of a parental order”;

(ii) as if in section 39(1)(a) the words “where the adopters are a married couple,” were omitted and for the words “child of the marriage” there were substituted the words “child of the marriage of the husband and wife”;

(iii) as if in section 39(2) for the word “adopters” there were substituted the words “persons who obtain the parental order” and the words “or adopter” and the words “subject to subsection (3),” were omitted;

(iv) as if in section 39(6) for the word “adoption” there were substituted the words “the making of the parental order” and the words “Subject to the provisions of this Part,” and “, or after 31st December 1975, whichever is the later” were omitted.

Interpretation of certain events consequent upon the making of a parental order

3. (a) Section 42 (rules of construction for instruments concerning property)

(i) As if in section 42(2) for the words “section 39(1)” there were substituted the words “section 39(1)(a) as applied with modifications by regulation 2 of and paragraph 2 of Schedule 1 to the Parental Orders (Human Fertilisation and Embryology) Regulations 1994”;

(ii) as if in section 42(2), for the words “of the adoptive parent or parents” there were substituted the words “in respect of whom the husband and wife have obtained a parental order”;

(iii) as if in section 42(2)(a) for the words “adopted child” there were substituted the words “child the subject of the parental order” and for the word “adoption” there were substituted the words “the parental order”;

(iv) as if in section 42(2)(b) for the words “adopted” there were substituted the words “in respect of whom parental orders were made”;

(v) as if in section 42(4) for the word “adoption” there were substituted the words “making of the parental order” and for the words “adopted child” there were substituted the words “child the subject of the parental order”;

(vi) as if in section 42(5) for the word “adopt” there were substituted the words “obtain a parental order in respect of ” and as if after the words in section 42(4) “ section 39(2)” and, in section 42(5) “section 39”, there were inserted the words “as applied with modifications by regulation 2 of and paragraph 2 of Schedule 1 to the Parental Orders (Human Fertilisation and Embryology) Regulations 1994”.

(b) Section 44 (property devolving with peerages etc)

As if for the words “an adoption” on each occasion they appear there were substituted the words “the making of a parental order”.

(c) Section 45 (protection of trustees and personal representatives)

As if in section 45(1) for the words “adoption has been effected” there were substituted the words “parental order has been made”.

(d) Section 46 (meaning of “disposition”)

(i) As if for the words “this Part” on each occasion they appear and in section 46(5) the words “the Part”, there were substituted the words “sections 39, 42, 44, 45 and 47 as applied with modifications by regulation 2 of and paragraphs 2 and 3(a), (b), (c) and (e) respectively of Schedule 1 to the Parental Orders (Human Fertilisation and Embryology) Regulations 1994”; and

(ii) as if in section 46(2) for the word “applies” there were substituted the word “apply”.

(e) Section 477(miscellaneous enactments)

(i) As if for subsection (1) there were substituted the words

“1 Section 39(2) as applied with modifications by regulation 2 of and paragraph 2 of Schedule 1 to the Parental Orders (Human Fertilisation and Embryology) Regulations 1994 does not apply so as to prevent a child who is the subject of a parental order from continuing to be treated as the child of a person who was in law the child’s mother or father before the order was made, for the purposes of the table of kindred and affinity in Schedule 1 to the Marriage Act 19498and of Sections 10 and 11 (incest) of the Sexual Offences Act 19569” and

(ii) as if in subsection (2) for the words “Section 39” there were substituted the words “Section 39 as applied with modifications by regulation 2 of and paragraph 2 of Schedule 1 to the Parental Orders (Human Fertilisation and Embryology)...

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