Paragraph 3 Human Fertilisation and Embryology Act 1990

In section 30 of the 1990 Act (parental orders in favour of gamete donors), as it has effect until the coming into force of its repeal by the 2008 Act, for subsection (5) substitute—

“(5)

The court must be satisfied that both—

(a)

the father of the child (including a person who is the father by virtue of section 28 of this Act or section 35 or 36 of the Human Fertilisation and Embryology Act 2008), where he is not the husband, or any woman who is a parent of the child by virtue of section 42 or 43 of that Act, and

(b)

the woman who carried the child,

have freely, and with full understanding of what is involved, agreed unconditionally to the making of the order.”.