# Human Fertilisation and Embryology Act 2008, Section 35: Woman married to , or civil partner of, a man at time of treatment

Extent: E+W+S

(1) If—
(a) at the time of the placing in her of the embryo or of the sperm and eggs or of her artificial insemination, W was a party to a marriage with a man or a civil partnership with a man, and
(b) the creation of the embryo carried by her was not brought about with the sperm of the other party to the marriage or civil partnership,
then, subject to section 38(2) to (4), the other party to the marriage or civil partnership is to be treated as the father of the child unless it is shown that he did not consent to the placing in her of the embryo or the sperm and eggs or to her artificial insemination (as the case may be).
(2) This section applies whether W was in the United Kingdom or elsewhere at the time mentioned in subsection (1)(a).

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Source: https://www.legislation.gov.uk/ukpga/2008/22/section/35 (the official version)
Page: https://openlegislation.uk/human-fertilisation-and-embryology-act-2008/section-35
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.