Children and Family Relationships Act 2015

11.

Consent of husband, civil partner or cohabitant of intending mother

11. (1) A person, being the F5 [ spouse ], civil partner or cohabitant of the intending mother concerned, consents under this section to be the parent, under section 5(1)(b) , of a child born as a result of a DAHR procedure where, before that procedure is performed—

(a) the person has attained the age of 21 years,

(b) the intending mother has consented under section 9 to a DAHR procedure, and her declaration under section 9(1)(c) includes a statement referred to in section 9(3)(d) in respect of the person,

(c) the person has received the information referred to in section 13 , and

(d) the person makes a declaration in accordance with subsections (2) and (3).

(2) A declaration under subsection (1)(d) shall be made before the DAHR procedure is performed and shall be in writing, dated, and signed by the person in the presence of a person authorised in that behalf by the operator of the DAHR facility where the DAHR procedure is to be performed.

(3) A declaration under subsection (1)(d) shall be in such form as may be prescribed and shall include the following statements:

(a) that the person is the F5 [ spouse ], civil partner or cohabitant, as the case may be, of the intending mother;

(b) that the person has received the information referred to in section 13 ;

(c) that, in the event that a DAHR procedure is performed, the person—

(i) consents to the provision to the Minister of the information referred to in section 28(3)(b) in respect of him or her, and

(ii) agrees to comply with his or her obligations under section 27 ;

(d) that the person is aware that—

(i) the donor of a gamete or embryo used in the DAHR procedure shall not be the parent of any child born as a result of that procedure, and

(ii) by consenting in accordance with this section, he or she shall, under this Act, together with the mother of the child, be the parent of such a child;

(e) that, in the event that a child is born as a result of the DAHR procedure, the person—

(i) consents to the recording on the Register of the information specified in section 33(3)(c) in respect of him or her,

(ii) consents to the recording on the Register of the information specified in paragraphs (a) and (b) of section 33(3) in respect of the child, and

(iii) understands that the child may, in accordance with section 35 , access the information specified in section 33(3)(d) in respect of a person who is, in relation to the child, a relevant donor and seek to contact him or her.