The Service Departments Registers (Amendment) Order 2009

This Order may be cited as the Service Departments Registers (Amendment) Order 2009 and shall come into force on 1st September 2009.

In this Order—

• “the principal Order” means the Service Departments Registers Order 1959^f1;

• “required form” means such form as may be provided by the Registrar General of England and Wales who is appointed under section 1 of the Registration Service Act 1953^f2.

For the heading to the article substitute “Registration of father or second woman as parent”.

In paragraph (1)(b)(i) for the words “prescribed form” substitute “required form”.

In paragraph (1)(c)(i) and (1)(g)(ii) for the words “prescribed form” substitute “required form made”.

In paragraph (1) for sub-paragraphs (d) to (f) substitute—

“(d)

at the request of the mother or that person—

(i)

on production of—

(aa)

a copy of any agreement made between them under section 4(1)(b) of the Children Act 1989^f1 in relation to the child; and

(bb)

a declaration in the required form made by the person making the request stating that the agreement was made in compliance with section 4 of that Act and has not been brought to an end by an order of a court; or

(ii)

on production of—

(aa)

a copy of any agreement made between them under section 4(1) of the Children (Scotland) Act 1995^f2 giving that person parental responsibility for the child; and

(bb)

a declaration in the required form made by the person making the request stating that the agreement was made in compliance with section 4 of that Act and has not been brought to an end by an order of a court; or

(e)

at the request of the mother or that person—

(i)

on production of—

(aa)

a certified copy of an order under section 4(1)(c) of the Children Act 1989 giving that person parental responsibility for the child; and

(bb)

a declaration in the required form made by the person making the request stating that the order has not been brought to an end by an order of a court; or

(ii)

on production of—

(aa)

a certified copy of an order under section 11(1) of the Children (Scotland) Act 1995 giving that person parental responsibility for the child; and

(bb)

a declaration in the required form made by the person making the request stating that the order has not been brought to an end by an order of a court; or

(f)

at the request of the mother or that person—

(i)

on production of—

(aa)

a certified copy of an order under paragraph 1 of Schedule 1 to the Children Act 1989 which requires that person to make any financial provision for the child and which is not an order falling within paragraph 4(3) of that Schedule; and

(bb)

a declaration in the required form made by the person making the request stating that the order has not been discharged by an order of a court; or

(ii)

on production of—

(aa)

a certified copy of an order under section 3(1) of the Family Law (Scotland) Act 1985^f3 which requires that person to make any financial provision for the child; and

(bb)

a declaration in the required form made by the person making the request stating that the order has not been discharged by an order of a court; or”.

After paragraph (3) insert—

“(3A)

Notwithstanding anything in the foregoing provisions of this Order and subject to article 3B, in the case of a child to whom section 1(3) of the Family Law Reform Act 1987^f4 does not apply, no woman who is a parent of the child by virtue of section 43 of the Human Fertilisation and Embryology Act 2008^f5 (“P”) shall be required to give information concerning the birth of the child, and a registering officer shall not enter in the register provided under this Order the name of any woman as a parent of the child by virtue of that section except—

(a)

at the joint request of the mother and P (in which case P shall sign the register together with the mother); or

(b)

at the request of the mother on production of—

(i)

a declaration in the required form made by her stating that P is a parent of the child by virtue of section 43 of the Human Fertilisation and Embryology Act 2008; and

(ii)

a statutory declaration made by P stating herself to be a parent of the child by virtue of section 43 of that Act; or

(c)

at the request of P on production of—

(i)

a declaration in the required form made by her stating that she is a parent of the child by virtue of section 43 of the Human Fertilisation and Embryology Act 2008; and

(ii)

a statutory declaration made by the mother stating that P is a parent of the child by virtue of section 43 of that Act; or

(d)

at the request of the mother or P—

(i)

on production of—

(aa)

a copy of any agreement made between them under section 4ZA(1)(b) of the Children Act 1989^f6 in relation to the child; and

(bb)

a declaration in the required form made by the person making the request stating that the agreement was made in compliance with section 4 of that Act and has not been brought to an end by an order of a court; or

(ii)

on production of—

(aa)

a copy of any agreement made between them under section 4A(1) of the Children (Scotland) Act 1995^f7 in relation to the child; and

(bb)

a declaration in the required form made by the person making the request stating that the agreement was made in compliance with section 4 of that Act and has not been brought to an end by an order of a court; or

(e)

at the request of the mother or P—

(i)

on production of—

(aa)

a certified copy of an order under section 4ZA(1)(c)of the Children Act 1989 giving P parental responsibility for the child; and

(bb)

a declaration in the required form made by the person making the request stating that the order has not been brought to an end by an order of a court; or

(ii)

on production of—

(aa)

a certified copy of an order under section 11 of the Children (Scotland) Act 1995 giving P parental responsibility for the child; and

(bb)

a declaration in the required form made by the person making the request stating that the order has not been brought to an end by an order of a court; or

(f)

at the request of the mother or P—

(i)

on production of—

(aa)

a certified copy of an order under paragraph 1 of Schedule 1 to the Children Act 1989 which requires P to make any financial provision for the child and which is not an order falling within paragraph 4(3) of that Schedule; and

(bb)

a declaration in the required form made by the person making the request stating that the order has not been discharged by an order of a court; or

(ii)

on production of—

(aa)

certified copy of an order under section 3(1) of the Family Law (Scotland) Act 1985 which requires P to make any financial provision for the child; and

(bb)

a declaration in the required form made by the person making the request stating that the order has not been discharged by an order of a court;

and in this paragraph “mother” has the same meaning as in section 33 of the Human Fertilisation and Embryology Act 2008.

(3B)

Where, in the case of a child to whom section 1(3) of the Family Law Reform Act 1987 does not apply, a person stating herself to be a parent of the child by virtue of section 43 of the Human Fertilisation and Embryology Act 2008 makes a request to a registering officer in accordance with any of sub-paragraphs (c) to (f) of paragraph (3A)—

(a)

she shall be treated as a qualified informant concerning the birth of the child for the purposes of this Order; and

(b)

the giving of information concerning the birth of the child by that person and the signing of the register provided under this Order by her in the presence of a registering officer shall act as a discharge of any duty of any other qualified informant under article 3 of this Order.”.

For the heading to the article substitute “Registration of father or second woman as parent”.

For paragraph (1) substitute—

“(1)

Notwithstanding anything in the foregoing provisions of this Order, a registering officer shall not enter in a register provided under this Order—

(a)

as the father of a child the name of a man who is to be treated for that purpose as the father of the child by virtue of section 39(1) or 40(1) or (2) of the Human Fertilisation and Embryology Act 2008 (circumstances in which man to be treated as father of child for purposes of registration of birth where fertility treatment undertaken after his death), or

(b)

as a parent of the child, the name of a woman who is to be treated for that purpose as a parent of the child by virtue of section 46(1) or (2) of that Act (circumstances in which woman to be treated as parent of child for purposes of registration of birth where fertility treatment undertaken after her death),

unless the condition in paragraph (2) of this article is satisfied.”.

In paragraph (3) for “28(5A), (5B), (5C) or (as the case may be) (5D) of the Human Fertilisation and Embryology Act 1990;” substitute “39(1) or 40(1) or (2) or 46(1) or (2) (as the case may be) of the Human Fertilisation and Embryology Act 2008;”.